The introduction of an oath of allegiance for District Councillors is a further step by Beijing to erase democracy in Hong Kong

Today, the Hong Kong Government has announced that it will introduce new requirements for District Councillors to swear an oath of allegiance to uphold the basic law and the national security of the PRC.

Behaviours deemed to be in breach of this oath include committing acts prohibited by Article 23 of the Basic Law and the National Security Law, or other offences that endanger Hong Kong’s national security. Any refusal to recognise China’s sovereignty over Hong Kong and to object the government’s performance of duties and functions could lead to disqualification.

The Secretary for Constitutional and Mainland Affairs Erick Tsang has stated that those who violate their oaths will be banned from office for five years. The ban will include Legislative Councillors.

All but one district councils were won by pro-democracy candidates last year, after they swept the board in the local elections. The district council elections are the only fully democratic elections in the city.

The amendments to the Public Offices (Candidacy and Taking Up Offices) (Miscellaneous) Ordinance which will introduce the new requirements will arrive at the legislature for the first and second reading on March 17 2021.

The Secretary for Constitutional and Mainland Affairs has already identified four pro-democracy district councillors who face losing their seats once the new requirements come into place, they include Tiffany Yuen, Fergus Leung, Lester Shum and Tat Cheng. The four district councillors previously had their nominations to run in the postponed Legislative Council election last year denied by returning officers.

Commenting on the announcement, Benedict Rogers, Hong Kong Watch’s Chief Executive said:

“Today’s announcement is a further step by Beijing to erase democracy in Hong Kong by retrospectively barring any pro-democracy candidate from holding local office on the grounds of national security and insufficient loyalty to the Chinese Communist Party.

It is increasingly clear that President Xi and his acolytes in the Hong Kong SAR see the Basic Law as a lump of clay to be moulded, contorted, and broken apart as they see fit. While protections for an independent judiciary and personal freedoms have been eroded, dubious oaths of allegiance and arbitrary and vague national security charges are being introduced.

The Chinese Government is now content with violating its international obligations under the Sino-British Joint Declaration on what appears to be a weekly basis.

The UK Government must live up to its historic, legal, and moral responsibility to the people of Hong Kong. It can do this by introducing Magnitsky sanctions against Hong Kong and Chinese officials, championing Hong Kong’s cause at the United Nations, and ensuring that no trade talks with China will go ahead while it continues to dismantle Hong Kong’s autonomy.”