Hong Kong – Oath-taking by District Council members

Oath-taking by District Council members

***************************************


     The Government held the oath-taking ceremony for District Council (DC) members from the Tsuen Wan District Council, the Tuen Mun District Council, the Yuen Long District Council, the Kwai Tsing District Council and the Islands District Council at North Point Community Hall on October 8, 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 October 8 that of the 68 DC members who took oaths that day, the oaths taken by 51 were valid. As the oath administrator had questions about the validity of the oaths taken by the other 17 DC members, letters were issued to the DC members concerned on October 8 to require them to provide additional information. Among them, Ms Chan Mei-lin of the Yuen Long District Council tendered her resignation on October 11.
 
     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 16 DC members were invalid. Details are set out below:

Invalid oaths
————–
Tsuen Wan District Council
1. Mr Lam Sek-tim
2. Mr Li Hung-por
 
Tuen Mun District Council
1. Mr Tsang Kam-wing
2. Mr Cheung Kam-hung, Kenneth
 
Yuen Long District Council
1. Mr Lai Kwok-wing
2. Mr Wong Wai-yin, Zachary
3. Mr Kwong Chun-yu
4. Mr Cheung Chi-yeung, Felix
5. Mr Ng Hin-wang
6. Ms Lai Po-wa
7. Ms Chan Sze-nga
8. Mr Lee Wai-fung
 
Kwai Tsing District Council
1. Mr Tong Ho-man
2. Miss Leung Ching-shan
 
Islands District Council
1. Mr Wong Chun-yeung
2. Mr Tsui Sang-hung, Sammy

Hong Kong – Oath-taking by District Council members (2) (with photos/video)

Oath-taking by District Council members (2) (with photos/video)

***************************************************************


     The Public Offices (Candidacy and Taking Up Offices) (Miscellaneous Amendments) Ordinance 2021 was gazetted and came into effect on May 21, 2021. The Ordinance amends certain legislation, including requiring District Council (DC) members to take an oath to 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 (uphold the Basic Law and bear allegiance to the HKSAR).
 
     The Government today (October 8) held the oath-taking ceremony for DC members from the Tsuen Wan District Council, the Tuen Mun District Council, the Yuen Long District Council, the Kwai Tsing District Council and the Islands District Council at North Point Community Hall. During the oath-taking ceremony, the DC members present took oaths individually that they would uphold the Basic Law and bear allegiance to the HKSAR. 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.
     
     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.
     
     Based on the principles laid down by the Interpretation and the relevant legal provisions, the oath administrator determined that the oaths taken by the following DC members were valid:
 
Tsuen Wan District Council
1. Mr Yau Kam-ping
2. Mr Chan Sung-ip
3. Mr Luk Ling-chung, Antonio
4. Mr Lau Cheuk-yu
5. Mr Kot Siu-yuen
6. Mr Man Yu-ming
7. Mr Wong Ka-wa
8. Mr Chan Yuen-sum, Sumly
       
Tuen Mun District Council
1. Mr Lau Ip-keung, Kenneth
2. Mr Lam Chung-hoi
3. Ms Kong Fung-yi
4. Mr Wong Tan-ching
5. Mr Chan Yau-hoi
6. Mr Wong Hung-ming
7. Mr Yan Siu-nam
8. Mr Chow Kai-lim
9. Mr Leung Ho-man
10. Ms So Ka-man
11. Ms Lai Ka-man
       
Yuen Long District Council
1. Mr Man Mei-kwai, Jimmy
2. Mr Ching Chan-ming
3. Mr Tang Che-keung
4. Mr Tang Ho-nin
5. Mr Tang Sui-man
6. Mr Tang Lai-tung
7. Mr Shum Ho-kit
8. Mr Tang Ka-leung
9. Mr Man Fu-wan
10. Mr Tang Yung-yiu, Ronnie
11. Mr Lai Wing-tim
       
Kwai Tsing District Council
1. Mr Chan Chi-wing
2. Mr Leung Chi-shing
3. Miss Kwok Fu-yung
4. Ms Lau Kwai-mui
5. Mr Lam Siu-fai
6. Mr Tsui Hiu-kit
7. Ms Leung Kar-ming
8. Miss Lo Yuen-ting
       
Islands District Council
1. Mr Ho Siu-kei
2. Mr Ho Chun-fai
3. Mr Chow Yuk-tong
4. Mr Yung Chi-ming
5. Mr Chan Lin-wai
6. Mr Wong Man-hon
7. Ms Wong Chau-ping
8. Mr Wong Hon-kuen
9. Mr Yu Hon-kwan
10. Mr Kwok Ping
11. Mr Fong Lung-fei
12. Ms Tsang Sau-ho, Josephine
13. Ms Lau Shun-ting
 
     As Mr Leung Kam-wai of the Kwai Tsing District Council is currently on remand, the oath administrator considers that it is not reasonably practicable to arrange oath-taking for him currently. If his situation changes and he is still serving as a DC member by then, the Government will make separate arrangements. As for Mr Cheung Sau-yin and Mr Young Ka-on of the Yuen Long District Council, they provided the oath administrator with the reasons for not attending today’s oath-taking ceremony respectively. The oath administrator is now handling their cases.
 
     Mr Poon Chi-kin and Mr Wong Tak-yuen of the Tuen Mun District Council, Mr Li Chung-chi of the Yuen Long District Council and Mr Kwok Tsz-kin of the Kwai Tsing District Council were absent and regarded as declining or neglecting to take the oath under section 20A of the Oaths and Declarations Ordinance. Accordingly, they shall vacate their offices immediately pursuant to section 21 of that Ordinance. Moreover, as the oath administrator had doubts on the validity of the oaths taken by the following DC members today, letters were issued to the DC members concerned to require them to provide additional information for the oath administrator to decide the validity of their oaths.
 
Tsuen Wan District Council
1. Mr Lam Sek-tim
2. Mr Li Hung-por
 
Tuen Mun District Council
1. Mr Tsang Kam-wing
2. Mr Cheung Kam-hung, Kenneth
 
Yuen Long District Council
1. Mr Lai Kwok-wing
2. Mr Wong Wai-yin, Zachary
3. Mr Kwong Chun-yu
4. Mr Cheung Chi-yeung, Felix
5. Mr Ng Hin-wang
6. Ms Chan Mei-lin
7. Ms Lai Po-wa
8. Ms Chan Sze-nga
9. Mr Lee Wai-fung
 
Kwai Tsing District Council
1. Mr Tong Ho-man
2. Miss Leung Ching-shan
 
Islands District Council
1. Mr Wong Chun-yeung
2. Mr Tsui Sang-hung, Sammy

Hong Kong – Oath-taking by District Council members (with photos/video)

Oath-taking by District Council members (with photos/video)

***********************************************************


     The Public Offices (Candidacy and Taking Up Offices) (Miscellaneous Amendments) Ordinance 2021 was gazetted and came into effect on May 21, 2021. The Ordinance amends certain legislation, including requiring District Council (DC) members to take an oath to 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 (uphold the Basic Law and bear allegiance to the HKSAR).
      
     The Government today (September 10) held the oath-taking ceremony for DC members from the Central and Western District Council, the Wan Chai District Council, the Eastern District Council and the Southern District Council at North Point Community Hall. During the oath-taking ceremony, the DC members present took oaths individually that they would uphold the Basic Law and bear allegiance to the HKSAR. 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. 
      
     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.
      
     Based on the principles laid down by the Interpretation and the relevant legal provisions, the oath administrator determined that the oaths taken by the following DC members were valid:

Central and Western District Council
1. Mr Young Chit-on, Jeremy
2. Mr Pang Ka-ho
3. Mr Yeung Sui-yin, Victor
 
Wan Chai District Council
1. Ms Koo Kwok-wai, Sabina
2. Mr Lam Wai-man, Anson
3. Mr Tse Wai-chun, Paul
4. Mr Wong Wang-tai, Ivan
5. Ms Lee Pik-yee, Peggy
 
Eastern District Council
1. Ms Leung Wing-sze
2. Ms Lee Ching-har, Annie
3. Mr Yuen Kin-chung, Kenny
4. Ms Chau Hui-yan
5. Mr Kwok Wai-keung
6. Mr Chow Cheuk-ki
       
Southern District Council
1. Ms Lam Yuk-chun
2. Mr Paul Zimmerman
3. Mr Leung Chun, Jonathan

     Mr Choi Chi-keung, Peter of the Eastern District Council was absent and regarded as declining or neglecting to take the oath under section 20A of the Oaths and Declarations Ordinance. Accordingly, he shall vacate his office immediately pursuant to section 21 of that Ordinance. Moreover, as the oath administrator had doubts on the validity of the oaths taken by the following DC members today, letters were issued to the DC members concerned to require them to provide additional information for the oath administrator to decide the validity of their oaths.

Wan Chai District Council
1. Miss Yeung Suet-ying, Clarisse
2. Mr Leung Pak-kin
 
Eastern District Council
1. Ms Wei Siu-lik
2. Mr So Yat-hang
3. Mr Chan Wing-tai
4. Ms Lai Tsz-yan
 
Southern District Council
1. Mr Pang Cheuk-kei, Michael