Oath-taking by District Council members

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     The Government held the oath-taking ceremony for District Council (DC) members from the Yau Tsim Mong District Council, the Sham Shui Po District Council, the Kowloon City District Council, the Wong Tai Sin District Council and the Kwun Tong District Council at North Point Community Hall on September 24, 2021, in accordance with the requirements stipulated in the Public Offices (Candidacy and Taking Up Offices) (Miscellaneous Amendments) Ordinance 2021. During the ceremony on that day, the DC members present took oaths individually that they would uphold the Basic Law of the Hong Kong Special Administrative Region (HKSAR) of the People's Republic of China (PRC) and bear allegiance to the HKSAR of the PRC. The oath-taking was administered by the Secretary for Home Affairs, Mr Caspar Tsui, who was authorised by the Chief Executive as the oath administrator.

     The oath-taking is legally binding. The oath taker must sincerely believe in and strictly abide by the relevant oath prescribed by law. An oath taker who makes a false oath or who, after taking the oath, engages in conduct in breach of the oath shall bear legal responsibility in accordance with the law. Section 21 of the Oaths and Declarations Ordinance (Cap. 11) provides that any person who declines or neglects to take an oath duly requested which he is required to take by relevant legislation shall, if he has already entered on his office, vacate it.

     According to the Interpretation of Article 104 of the Basic Law of the HKSAR of the PRC by the Standing Committee of the National People's Congress, the person administering the oath has the duty to ensure that the oath is taken in a lawful manner. He or she shall determine that an oath taken in compliance with the Interpretation and the requirements under the laws of the HKSAR is valid, and that an oath which is not taken in compliance with the Interpretation and the requirements under the laws of the HKSAR is invalid. If the oath taken is determined as invalid, no arrangement shall be made for retaking the oath.

     The oath administrator determined on September 24 that of the 55 DC members who took oaths that day, the oaths taken by 45 were valid. As the oath administrator had questions about the validity of the oaths taken by the other 10 DC members, letters were issued to the DC members concerned on September 24 to require them to provide additional information.

     After considering the written replies from the DC members concerned and all relevant information, the oath administrator, based on the principles laid down by the Interpretation and the relevant legal provisions, determined that the oaths taken by 10 DC members were invalid. Details are set out below:

Invalid oaths
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Yau Tsim Mong District Council
1. Ms Wu Sui-shan
2. Mr To Kun-sun, James
3. Mr Tsang Tsz-ming
4. Mr Chu Kong-wai

Sham Shui Po District Council
1. Mr Lau Wai-chung

Kowloon City District Council
1. Mr Tsang Kin-chiu
2. Mr Kwok Tin-lap
3. Mr Yum Kwok-tung, Pius

Wong Tai Sin District Council
1. Mr Mock Ho-chit, Sean

Kwun Tong District Council
1. Ms Leung Yik-ting, Edith

Ends/Wednesday, September 29, 2021
Issued at HKT 19:05

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