The pro-democracy members-elect have used the oath-taking ceremonies at each inaugural meeting as a platform of protest since 2004, during which they have held objects or shouted slogans. On 12 October 2016, the inaugural meeting of the 6th Legislative Council, a dozen of members-elect used the occasion to protest, highlighted by the pro-independence Youngspiration legislators, Sixtus Leung and Yau Wai-ching, who asserted "as a member of the Legislative Council, I shall pay earnest efforts in keeping guard over the interests of the Hong Kong nation," displayed a "Hong Kong is not China" banner, and mispronounced "People's Republic of China" as "people's re-fucking of Chee-na". As a result, the oaths of the two, as well as that of Yiu Chung-yim, who also inserted his own words, were invalidated by the LegCo secretary-general Kenneth Chen and the oath of Lau Siu-lai, who spent about ten minutes reading the 80-word oath in extreme slow motion, was invalidated by the LegCo President Andrew Leung.
The controversy escalated when Chief ExecutiveLeung Chun-ying and Secretary for JusticeRimsky Yuen, on 18 October, unprecedentedly launched a judicial review seeking the disqualification of Sixtus Leung and Yau Wai-ching. This was followed by the walkout staged by pro-Beijing legislators to force adjournment and block the pair and Lau Siu-lai from retaking their oaths on the following day after Yiu Chung-yim had retaken his oath. Lau Siu-lai eventually retook her oath on 2 November.
On 7 November 2016, despite the pan-democrats' opposition, the National People's Congress Standing Committee (NPCSC) controversially interpreted Article 104 of the Basic Law of Hong Kong to "clarify" the requirements that the legislators need to swear allegiance to Hong Kong as part of China when they take office, stating that a person "who intentionally reads out words which do not accord with the wording of the oath prescribed by law, or takes the oath in a manner which is not sincere or not solemn"[1] should be barred from taking their public office and cannot retake the oath. As a consequence, the court disqualified Sixtus Leung and Yau Wai-ching on 15 November. The oaths of a dozen of pro-democracy legislators and a few pro-Beijing legislators were also under legal challenges.
On 2 December 2016, the government launched a second legal action against four more pro-democracy legislators, Leung Kwok-hung of the League of Social Democrats, Nathan Law of Demosistō, Yiu Chung-yim and Lau Siu-lai, over their manners at the oath-taking ceremony. As a result, the four legislators were disqualified by the court on 14 July 2017.
According to Article 104 of the Basic Law of Hong Kong, members of the Legislative Council must swear to uphold the Basic Law and swear allegiance to the Hong Kong Special Administrative Region of the People's Republic of China.[2] According to the Oaths and Declarations Ordinance, the Legislative Council oath is:[3]
I swear that, being a member of the Legislative Council of the Hong Kong Special Administrative Region of the People's Republic of China, I will uphold the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, bear allegiance to the Hong Kong Special Administrative Region of the People's Republic of China and serve the Hong Kong Special Administrative Region conscientiously, dutifully, in full accordance with the law, honestly and with integrity.
The oath of office ceremony of the Legislative Council of Hong Kong (LegCo) has been the platform of protest of some pro-democracy legislators since 2004, when radical democrat legislator Leung Kwok-hung shouted the slogan "Long live democracy! Long live the people!" before and after delivering the oath in full at the inaugural meeting of the 3rd Legislative Council; Leung's oath at that time was validated by the clerk of the Legislative Council Ricky Fung.[4] Leung kept his practice of protesting at the each oath-taking ceremony and this practice was followed by some other pan-democrats.
In 2012, People Power legislator Wong Yuk-man skipped key words in the oath by coughing at strategic moments when taking the oath and his oath was invalidated by LegCo President Jasper Tsang. He was allowed to retake his oath during the next meeting. Even though he read out part of his second oath in a different tone of voice and shouted "Down with the Hong Kong communist regime, down with Leung Chun-ying" after completing the oath, and was challenged by pro-Beijing legislator Paul Tse for taking the oath in this way, the oath was accepted by the President.[5]
On 11 October 2016, a day before the inaugural session of the 6th Legislative Council, the government issued a statement warning the members-elect of the Legislative Council to swear to uphold the Basic Law and swear allegiance to the Hong Kong Special Administrative Region of the People's Republic of China as required by the Article 104 of the Basic Law.[8]
On 12 October 2016, five localist and eight pro-democrat legislators used the oath-taking ceremony as a platform of protest as they had in the previous sessions, by either shouting slogans or making extra statements before or after taking their oaths. Leung Kwok-hung of the League of Social Democrats (LSD), who had used the oath-taking ceremony as a platform of protest since 2004, held a yellow umbrella symbolising the Umbrella Revolution with many words thereon, including "ending one-party rule", and a paper board showing the words "NPC831 decision" and a cross on it. He paused many times while reading the oath and tore a piece of paper with the words "NPC 831 decision".[9] Newcomers such as Nathan Law of Demosistō had raised his tone when swearing allegiance to China, sounding like he was asking a question, while Lau Siu-lai paused for six seconds in between every word in order to, she said, make the oath meaningless.[10]
However, the oaths of the independent pan-democrat Yiu Chung-yim, Youngspiration's Sixtus Leung and Yau Wai-ching were invalidated by LegCo secretary-general Kenneth Chen. Yiu added phrases such as "universal suffrage" immediately after his oath. Leung and Yau pledged allegiance to the "Hong Kong nation" before they took the oath while displaying a banner that read "Hong Kong is not China". They also pronounced "People's Republic of China" as "people's re-fucking of Chee-na", a variation of the term Shina, which was used by Japan to refer to China and was deemed derogatory since the Second World War, three times.[11] The three oaths were declared invalid, with the effect that the trio could not vote in the subsequent election of the LegCo President, in which Andrew Leung of the Business and Professionals Alliance for Hong Kong (BPA) was controversially elected.[11]
Condemnation
The Hong Kong SAR government denounced the duo for modifying their oaths and hurting the feelings of Chinese people, labelling their actions as "in violation of the dignity expected of LegCo members, or even spoke or acted in an offensive manner that harmed the feelings of our compatriots."[12]Chief ExecutiveLeung Chun-ying said many people were "angry and disappointed" over the oath-taking process. "This seriously affects the feelings between Hong Kong and mainland people," he added.[13] China's state media Xinhua quoted a "person-in-charge" of the Central People's Government's Liaison Office in Hong Kong on 14 October as expressing "strong anger and condemnation" over the two legislators' "despicable words and actions" which "has challenged the nation's dignity and severely hurt the feelings of all Chinese people and overseas Chinese, including Hong Kong compatriots."[10]
Sixtus Leung blamed his "Ap Lei Chau accent" as the reason of his pronunciation of "China" as "Chee-na" and the alleged profanity.[12] He also argued that the word "Chee-na" is not offensive as "Dr Sun Yat-sen used the term 'Chee-na' when he was lobbying overseas." He also argued that the "Hong Kong is not China" slogan was a factual statement, "just like 'apple is not orange'."[12] His action and explanation were attacked in an opinion article written for South China Morning Post as "kindergarten-like".[14] A group of Ap Lei Chau residents issued a joint statement rejecting his excuse, saying that "[Sixtus] Leung Chung-hang's terrible action has made those of us who were born and bred in Ap Lei Chau angry."[15]
On the other hand, secretary-general Kenneth Chen's decision to invalidate the three legislators' oaths was questioned. "Secretary-general ruled the oaths as invalid without consulting legal advice," Lau Siu-lai, elected on her platform for self-determination, said. "It was an unjust decision and the subsequent meeting, in which the president was elected, was therefore unlawful."[10] The pro-Beijing camp, on the other hand, sent a petition to the LegCo president asking him to also invalidate the oaths of Nathan Law and Lau Siu-lai. Lau's oath was later invalidated by President Andrew Leung on 18 October along with that of pro-Beijing Democratic Alliance for the Betterment and Progress of Hong Kong (DAB) legislator Wong Ting-kwong (who missed the words "Hong Kong" when reading the oath) after Leung consulted lawyers.[16] The five legislators would be allowed to retake their oaths at the next meeting on 19 October.
On 17 October, Sixtus Leung said he and Yau Wai-ching would consider compromising by retaking their oaths properly on the next meeting on 19 October to keep their seats, but both insisted they had done nothing wrong and brushed off mounting calls for an apology and their resignation, as well as threats of legal action against them. They claimed that the word "Chee-na" was referring to the regime but not to the people or culture.[17]
Various pro-Beijing and Beijing-friendly organisations ran more than a dozen adverts in local newspapers, urging the duo to apologise or even resign, including one statement issued by more than 200 historians and educators, including former chief curator of the Hong Kong History Museum Joseph Ting Sun-pao.[18]
The two top government officials mounted a legal challenge against the Legislative Council President Andrew Leung and two Youngspiration legislators on 18 October.
On 18 October night, just hours before the next LegCo meeting, the Hong Kong government took the unprecedented step of mounting a legal challenge to disqualify two Youngspiration legislators on grounds that their actions in the oath-taking process had contravened the Basic Law. Johnny Mok Shiu-luen, SC, representing Chief Executive Leung Chun-ying and Secretary for JusticeRimsky Yuen accused the duo of "sending a message to the world and also to the public that we can function as a member of LegCo without pledging allegiance to the HKSAR of the People's Republic of China," Mok said. Jat Sew-tong, SC, acting for LegCo President Andrew Leung argued that the government's move was a "serious deprivation of the constitutional rights" of the two legislators-elect. Justice Thomas Au Hing-cheung allowed the government's application for a judicial review, but denied the government an interim injunction to bar the pair from retaking their oaths on the next meeting. The hearing on the application was set for 3 November.[19]
The pan-democracy camp accused Leung Chun-ying of "ruining the separation of powers" by inviting the courts to intervene in LegCo's domestic affairs. "The Chief executive pays no respect to the dignity and the independence of our legislature," Civic Party legislator for Legal constituencyDennis Kwok said.[19]Rita Fan, Hong Kong delegate to the Standing Committee of the National People's Congress and Maria Tam, member of the Basic Law Committee under the Standing Committee slammed the pan-democrats back, denying the existence of the separation of powers in the Basic Law. Fan said the Basic Law "makes no mention" of separation of powers, while Tam said separation of powers was not how Hong Kong's political structure was defined.[20]
Pro-Beijing camp's walkout
Paul Tse, a pro-Beijing independent legislator suggested staging a walkout to force adjournment and block the two Youngspiration legislators from retaking their oaths if they did not apologise. Four pro-Beijing lawmakers, including Holden Chow and Priscilla Leung, disagreed, saying a forced adjournment would be damaging to LegCo. However, after the court's ruling, the pro-Beijing camp decided to stage the walkout at the second meeting of the Legislative Council on 19 October after Wong Ting-kwong and Yiu Chung-yim retook their oaths. Sixtus Leung, Yau Wai-ching, as well as Lau Siu-lai, who were supposed to retake the oath after Yiu, were unable to do so.[18]
The pro-Beijing legislators staged a walkout on 19 October to force adjournment to block the Youngspiration legislators to retake the oaths.
New People's Party chairwoman Regina Ip denied that the pro-Beijing camp and the government were buying time, although some legislators admitted that the administration's judicial review had indeed prompted them to take the step. She was quoted as arguing that such a move would cost them public support, "but why couldn't we do something when even the government has made such a move? We do not want to appear feebler than the administration".[18] LegCo President Andrew Leung said it was "unfortunate" his colleagues chose to walk out and that he had no choice but to adjourn the meeting.[18]
After the walkout, as pro-Beijing lawmakers met the media, explaining the rationale behind their action, radical democrat legislator "Long Hair" Leung Kwok-hung of the League of Social Democrats (LSD) threw luncheon meat at them in protest. Luncheon meat has been a symbol against filibusters in LegCo after former pro-Beijing legislator Wong Kwok-hing of the Hong Kong Federation of Trade Unions (FTU) measured the cost of long debates in terms of the amount of luncheon meat that could have been bought instead of paying the legislators.[18]
LegCo's democratic caucus convenor Democratic Party's James To said the pro-Beijing members "blatantly adjourned the meeting with the use of rules of procedures to block lawmakers from retaking their oaths". Democrat Lam Cheuk-ting, who had originally planned to petition at the meeting setting up a select committee to investigate HK$50million Chief executive Leung Chun-ying received from Australian engineering firm UGL Limited, accused the pro-Beijing camp of helping the Chief executive. Civic Party legislator Dennis Kwok said the walkout was a huge blow to the city's rule of law, and disrespectful to the court system as the court had refused to grant an injunction preventing the Youngspiration pair from retaking their oaths.[21]
After the pro-Beijing legislators walked out, localist Civic Passion's Cheng Chung-tai was seen turning the flags of China and Hong Kong, which DAB's Lau Kwok-fan had brought into the chamber, upside down. DAB's Chan Hak-kan said Cheng's act was against the law. Lau subsequently reported Cheng to the police and urged them to investigate and prosecute in accordance with the law.[22]
LegCo President's on-hold decision
Legislative Council President Andrew Leung made a U-turn by deciding to delay the oath-taking of the two Youngspiration legislators.
On 25 October, LegCo President Andrew Leung took a U-turn by deciding to delay the oath-taking of Sixtus Leung and Yau Wai-ching on Wednesday's general meeting on 26 October, six hours after Chief executive Leung Chun-ying warned of "far-reaching repercussions" on the relationship between Hong Kong and the mainland should the matter not be "rectified". Leung cited Article 72 of the Basic Law which allows the LegCo president to decide on the agenda, even though according to Rule 18 of LegCo's rules of procedures, oath-taking is designated as the first priority of the order of LegCo's business. "I note with grave concern the intention of the pro-establishment lawmakers to forestall the [oath-taking] at all costs," Andrew Leung explained. If he let Sixtus Leung and Yau retake the oaths on 26 October, "the most probable outcome is that LegCo will come to a complete halt", as the pro-Beijing camp had threatened a second walkout to block the duo from retaking their oaths. The Youngspiration pair slammed the president for what they called a "ridiculous" reversal of his earlier decision.[23]
On 26 October, despite Andrew Leung's ban on the two Youngspiration members entering the LegCo chamber citing Rule 1 of LegCo's rules of procedures, the duo successfully entered the chamber, escorted by at least eight pan-democracy legislators and surrounded by reporters. Andrew Leung immediately asked Sixtus Leung and Yau Wai-ching to leave when he entered the chamber. After a short suspension of the meeting, Civic Passion's Cheng Chung-tai shouted at Andrew Leung, asking him to explain why he did not allow the duo to take their oath. Leung asked Cheng to leave the premises with Sixtus Leung and Yau. All three refused. After few minutes, Andrew Leung announced the meeting to be adjourned.[24]
The pro-democracy camp call on Andrew Leung to resign after the adjournment. "Andrew Leung is unfit to perform his role," the camp's convenor James To said. "The quorum was met, but he did not administer the oath [for the duo] in accordance with the law. In the face of the chaos, he did not know what to do but to adjourn the meeting. He has no basic competence to chair the meeting." The pro-Beijing camp blamed the adjournment on the pro-democrats. "People might have different interpretations of the rules of procedures, but they should respect the final ruling of the LegCo president," Regina Ip of the New People's Party said, referring to Andrew Leung's earlier decision to ban the Youngspiration pair from entering the chamber. Felix Chung, leader of the Liberal Party said the city was in a "constitutional crisis" as the legislature could not function at all.[24]
On 2 November, the fourth general meeting was adjourned again after the two Youngspiration legislators Yau Wai-ching and Sixtus Leung stormed into the main chamber and tried to take the oaths on themselves after another localist Lau Siu-lai, who was not under legal challenge, successfully retook her oath. President Andrew Leung relocated the meeting to another conference room where the duo attempted to enter. Six security guards were injured and police was called before the meeting was adjourned.[25]
Interpretation of the Basic Law
Two days before the court hearing, Chief Executive Leung Chun-ying said he could not rule out asking Beijing to interpret the Basic Law on the oath-taking row on 1 November. On 3 November in the court hearing, Benjamin Yu SC, counsel for the Chief Executive and the Secretary for Justice, argued that the constitutional provision requiring legislators to duly take the oath as stipulated in the Article 104 of the Basic Law "is at stake" and therefore the court should intervene. Hectar Pun Hei SC for Sixtus Leung and Philip Dykes SC for Yau Wai-ching argued that the Basic Law provides for a separation of powers in which the oath-taking controversy should be resolved by the Legislative Council itself through a "political process" rather than a judicial process. Justice Thomas Au Hing-cheung said he would deliver his ruling "as soon as practicable" in the light of the possibility of the interpretation of the Basic Law by the National People's Congress Standing Committee (NPCSC).[26]
On 4 November, Maria Tam, a member of the Basic Law Committee of the NPCSC, confirmed that the committee had received a letter from Zhang Dejiang, chairman of the National People's Congress, who said Basic Law Article 104 would be interpreted and that committee members' views would be sought. A Hong Kong government spokesman also said it had been notified by the central government that an item relating to interpreting Article 104 of the Basic Law had been put on the agenda of the NPCSC. Civic Party's Dennis Kwok for the Legal constituency warned the interpretation would deal a huge blow to Hong Kong's rule of law.[27] The Hong Kong Bar Association said it was "deeply concerned" about the reports of the interpretation of the Basic Law earlier, saying it would "deal a severe blow to the independence of the judiciary and the power of final adjudication of the Hong Kong court", if the NPCSC insisted on interpreting the Basic Law before the court's final ruling. "It will also seriously undermine the confidence of the Hong Kong people and the international community in the high degree of autonomy of [Hong Kong]," it said.[28]
On 6 November, between 8,000 (police figures) and 13,000 people (according to the rally organisers) protested against the interpretation of the Basic Law. Police used pepper spray to disperse protesters outside the Central Government's Liaison Office in Sai Ying Pun. Subsequently, Demosistō, Student Fight for Democracy, the League of Social Democrats and the Labour Party announced the demonstration was over and urged protesters to depart to "avoid sacrifice" in face of the "unfavourable situation". From 2am, a squad of about 40 officers deployed with batons actively chased after protesters from Wilmer Street to Bonham Strand West to disperse those remaining.[29] Four people were arrested and two police officers injured during the clash.[30]
On 7 November, the NPCSC unanimously passed "The National People's Congress Standing Committee's interpretation of the Basic Law Article 104 of the Hong Kong Special Administrative Region".[31] Under the interpretation, the person taking the LegCo member's oath should take it in a sincere and solemn manner with accurate, complete and solemn phrases such as "uphold the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China" and "bear allegiance to the Hong Kong Special Administrative Region of the People's Republic of China" as stated in the statutory text of the oath. If the oath-taker refuses to take the oath or otherwise deliberately fails to take it in the correct way, he or she cannot retake the oath and shall be disqualified from assuming public office. It also stated that the oath administrator has the duty to confirm if the oath-taking is carried out legally and complies with this interpretation and Hong Kong law. The spokesman of the Hong Kong and Macau Affairs Office stated that "[Beijing] will absolutely neither permit anyone advocating secession in Hong Kong nor allow any pro-independence activists to enter a government institution."
Following Beijing's decision, Chief Executive Leung Chun-ying said Hong Kong would enact Article 23, a controversial provision of the Basic Law relating to national security legislation.[32] On 8 November, hundreds of lawyers joined a silent march against Beijing's interpretation of the Basic Law, claiming it harms judicial independence.[33] Mainland legal scholar and Hong Kong adviser Jiang Shigong responded to criticism of the interpretation by lawyers in Hong Kong by invoking the doctrine of necessity in common law.[34]
First wave of disqualifications
On 15 November 2016, Justice Thomas Au Hing-cheung, Justice of the High Court ruled that the two Youngspiration legislators should lose their seats as their conduct during 12 October oath-taking meant they had declined to take their oaths. The judge also ruled that Legislative Council President Andrew Leung had no power to arrange a second oath-taking for the pair, adding that he had made his conclusions independently of the NPCSC interpretation.[35]
On 30 November 2016, the Court of Appeal (Cheung CJHC, Lam VP, and Poon JA) unanimously rejected the appeals by the duo, referring to Beijing's interpretation as giving the "true meaning" to the part of the Basic Law.[36]Chief JudgeAndrew Cheung held that:
"The interpretation specifically sets out the consequence of an oath taker's declining to take the relevant oath – automatic disqualification, as part of the true meaning of Article 104 [...] The principle of nonintervention cannot prevent the court from adjudicating on the consequence of a failure to meet the constitutional requirement [...] There can be no dispute that both Leung and Yau have declined respectively to take the [Legislative Council] Oath. What has been done was done deliberately and intentionally [...] As a matter of law and fact, Leung and Yau have failed the constitutional requirement. They are caught by paragraph 2(3) of the Interpretation as well as section 21 of the Ordinance which gives effect to the constitutional requirement. Under the former, they were automatically disqualified forthwith from assuming their offices. Under the latter, they "shall ... vacate [their respective offices]." There is therefore no question of allowing them to retake the LegCo Oath."
Four unseated pro-democracy legislators after hearing the ruling.
On 2 December 2016 Chief Executive Leung Chun-ying and the Secretary for Justice Rimsky Yuen lodged another judicial review against four more pro-democracy legislators over their oaths, Lau Siu-lai, Nathan Law, Leung Kwok-hung and Yiu Chung-yim, who were already under legal challenge filed by pro-Beijing supporters.[40]
On 14 July 2017, the court ruled the four pro-democracy legislators were to lose their seats. Judge Thomas Au found that the oaths of Leung, Law and Yiu were invalid as they added statements before and after the oaths and for Lau, she took such long pauses between the words that the oath lost its meaning.[41] Au also said "politics and political arguments" did not feature in his decision. Law's party, Demosistō issued a statement saying that with a total of six legislators ejected to date, "more than 180,000 voters had their voices silenced."[42] The pro-democracy camp also lost its majority in the geographical constituencies as a result, dropping from 17 to 14 seats out of 35 seats, and lost the power to block pro-Beijing legislators' motions and bill amendments, including amendments to rule of procedures to block radical democrats' filibustering.
In March 2017, Lo King-yeung, a Lai King resident mounted legal action against two more legislators, Cheng Chung-tai of the Civic Passion and Eddie Chu who had also added words to their oaths.[43] As Lo failed to promptly pay a deposit to start the case on time, High Court Judge Thomas Au Hing-cheung refused to let him make the late payment on 31 July, meaning the lawsuit could not proceed.[44] It also marked the end of the all lawsuits relating to the oath-taking controversy.
Councillor oath with suspected violations
Name (Party)
Constituency
Contents changed in oath taking process
Valid oath? (Reason, if applicable)
Disqualified?
Being challenged in judicial review? (Government or Public or Both, if applicable)
The new election rules stipulate that candidates should not carry out activities that could influence voters in the two-month period between their registration and the start of the campaign period on August 31. Commercial advertising is barred from most public areas, except those specially designated by the government.
After an interpretation of the Basic Law, the Macau EAC carried out a new election measure to require that all candidates sign an additional "confirmation form" in their nomination of their understanding of the Basic Law of Macau.[45]
↑ I, Sixtus Leung, Would like to declare that. As a member of the LegCo, I shall pay earnest efforts in keeping guard over the interest of the Hong Kong nation
↑ I, Yau Wai Ching, do solemnly swear that. I will be faithful and bear true allegiance to the Hong Kong nation. And will do the best of my ability, preserve, protect and defend the values of Hong Kong.
↑ I will protect the justice system in Hong Kong, fight for true democracy, and serve Hong Kong for its sustainable development. (Chinese: 定當守護香港制度公義，爭取真普選，為香港的可持續發展服務。)
↑ I, Lau Siu Lai, hereby make this pledge, that I, having entered the Council from the streets, will certainly carry forth the spirit of self-determination of destiny in the Umbrella Movement, walk with the Hong Kong people, connect the inside and outside of the Council, to fight against totalitarianism. We must live in truth, break the indifference and cynicism, look for hope in the darkness and blaze a trail to democratic self-determination together. Tear down the high wall [for] self-determination and self-reliance. (Chinese:本人劉小麗謹此承諾，本人由街頭進入議會，定必秉承雨傘運動命運自主精神，與香港人同行，連結議會內外，對抗極權。我們要活在真誠磊落之中，打破冷漠犬儒，在黑暗中尋找希望，共同開創民主自決之路。推倒高牆，自決自強。)
↑ Fight for universal retirement protection, implement policy for bazaar and staunchly defend the dignity of Hong Kong people in their living. (Chinese:爭取全民退休保障，落實墟市政策，捍衛香港人生活尊嚴)
↑ Umbrella Movement! Indomitable! Civil Disobedience! Without Fear! Self-Autonomy and Self-Determination for People! No Approval from the Communist Party of China is Required! I Want Dual Universal Suffrage! Leung Chun Ying Step Down! (Chinese:雨傘運動！不屈不撓！公民抗命！無畏無懼！人民自主自決！無須中共批准！我要雙普選！梁振英下台！)
↑ Revoke NPC 831 Decision! Revoke NPC 831 Decision! I Want Dual Universal Suffrage! Self-Autonomy and Self-Determination for People! No Approval from the Communist Party of China is Required! (Chinese:撤銷人大831決議！撤銷人大831決議！我要雙普選！人民自主自決！無須中共批准！)
↑ Affirmation, English being “affirmation”, has the original meaning in Latin of rendering it more assertive or strengthened. Taking the oath is a solemn ceremony, requiring us to make a pledge to Hong Kong people that we will keep our words and actions as one, to staunchly protect the rights of Hong Kong people. However, this sacred ceremony has today been reduced to a political tool used by those in power to forcefully subject representatives of people’s will to the system and the totalitarian authority. You can chain me, you can torture me, you can even destroy this body, but you will never imprison my mind. Today I must complete the necessary procedure, but this does not mean I am subjugating myself under the totalitarian authority. Hong Kong citizens will forever be the ones whom we serve and unite, I will absolutely not bear allegiance to a political administration which brutally killed its people, I will maintain my principles, and protect Hong Kong people with my conscience. Hope is in the people, change is in resistance. (Chinese:誓詞，英文係‘Affirmation’，佢拉丁文原意係使其更堅定更堅強。宣誓就係一個莊嚴嘅儀式，要我地向香港人承諾未來要知行合一，捍衛香港人嘅權利。但今日呢個神聖嘅儀式，已經淪為政權嘅工具，強行令民意代表屈服喺制度同埋極權之下。You can chain me, you can torture me, you can even destroy this body, but you will never imprison my mind. 我今日要完成必要嘅程序，但係唔代表我會屈服喺極權之下。香港市民永遠都係我地服務同埋團結嘅對象，我係絕對唔會效忠於殘殺人民嘅政權，我一定會堅持原則，用良知守護香港。希望在於人民，改變始於抗爭。)
↑ Power returns to the people, tyranny will fell, democratic self determination, fight till the end. (Chinese:權力歸於人民, 暴政必亡, 民主自決, 抗爭到底)
↑ The Government has issued this statement about the oath taking of councillors. Oath taking is LegCo’s business, and it mustn’t be intervened by the government! (Chinese:政府尋日就著立法會議員宣誓發表左咁的聲明。議員宣誓係立法會的事務；立法會事務不容政府干預！)
↑ A printed copy of government statement on LegCo councillor’s oath taking
↑ I am Hong Kong people, I want real universal suffrage. Against evil laws by filibuster, fight for people's living, CY Leung step down! (Chinese:我係香港人, 我要真普選, 拉布抗惡法, 抗爭為民生, 梁振英下台!)
↑ A percussion instrument used by Shiu during the Occupy Central, Shiu hit it four times
↑ Umbrella Movement, failed but not ruined, continue strengthens, we are back! (Chinese:雨傘運動，敗而不潰，繼續頑強，We are back！)
↑ Democratic self determination, tyranny will fell! I oppose Andrew Leung to be the LegCo President! (Chinese: 民主自決，暴政必亡！反對梁君彥做主席！)
↑ Fellow Hong Kong people, in these past years of struggle movements, we've paid all we have to go on the streets for about 70 days. Even in the incident on the first lunar new year day, many youths sacrificed their future for Hong Kong. Thus, for today's oath taking, I don't think that it will bring such effects of struggling, I believed that all of you will know. (Chinese:各位香港人, 係過去幾年的抗爭運動, 為左香港的未來, 已經不惜走上街頭七十幾日;甚至係年初一的事件, 好多年輕人為左自己的香港犧牲未來。所以我唔認為我今日宣誓的形式會構成具體抗爭的效果; 我相信大家會明白。)
↑ A constitution for people to draft, remake the covenant, Hong Kong people be the most prioritized, long live Hong Kong! (Chinese:全民制憲, 重新立約, 港人為大, 香港萬歲!)
↑ Strike on corruption! Wolf CY Leung step down! (Chinese: 打擊貪腐！狼英下台！)
↑ Revoke 831, restart political reform, CY Leung step down! No delay for examine the water by Water Supplies Department! (Chinese: 撤回831，重啓政改，梁振英下台！水務署立即驗水，冇得拖！)
↑ Hong Kong, is the main stage of Hong Kong people. Lest we forget our aims at the beginning, I want true universal suffrage, cheer up Hong Kong people! (Chinese:香港, 係香港人的主場, 勿忘初衷, 我要真普選, 香港人加油!)
Related Research Articles
The Kowloon West geographical constituency was one of the five geographical constituencies of the Legislative Council of Hong Kong from 1998 to 2021. It was established in 1998 for the first SAR Legislative Council election and was abolished under the 2021 overhaul of the Hong Kong electoral system. In the 2016 Legislative Council election, it elected six members of the Legislative Council using the Hare quota of party-list proportional representation. It had 602,733 registered electorates in 2020. The constituency corresponded to the districts of Yau Tsim Mong, Sham Shui Po, and Kowloon City.
The New Territories East geographical constituency was the one of the five geographical constituencies in the Legislative Council of Hong Kong. It was established in 1998 for the first SAR Legislative Council election and was abolished under the 2021 overhaul of the Hong Kong electoral system. It encompassed Sha Tin District, Tai Po District, North District and Sai Kung District. In the 2016 Legislative Council election, nine members of the Legislative Council using the Hare quota of party-list proportional representation with 1,139,616 electorates in 2020.
Rimsky Yuen Kwok-keung is a barrister who served as the third Secretary for Justice of Hong Kong from 2012 to 2018.
Andrew Leung Kwan-yuen is a Hong Kong politician who is the current President of the Legislative Council of Hong Kong (Legco), representing the Industrial (First) functional constituency. From October 2012 to October 2016, he was the chairman of Business and Professionals Alliance for Hong Kong (BPA), the second largest party in the legislature.
Hong Kong independence is a political movement that advocates the establishment of Hong Kong as an independent sovereign state. Hong Kong is one of two Special administrative regions of China (SAR) which enjoys a high degree of autonomy as a part of the People's Republic of China, which is guaranteed under Article 2 of Hong Kong Basic Law as ratified under the Sino-British Joint Declaration. Since the transfer of the sovereignty of Hong Kong from the United Kingdom to the PRC in 1997, a growing number of Hongkongers have become concerned about what they see as Beijing's encroachment on the territory's freedoms and the failure of the Hong Kong government to deliver "genuine democracy".
The 2016 Hong Kong Legislative Council election was held on 4 September 2016 for the 6th Legislative Council of Hong Kong (LegCo). A total of 70 members, 35 from geographical constituencies (GCs) and 35 from functional constituencies (FCs), were returned. The election came after the rejection of the 2016/2017 constitutional reform proposals which suggested the electoral method for the 2016 Legislative Council remains unchanged.
Youngspiration is a localist political party in Hong Kong founded in 2015. It emerged after the 2014 Hong Kong protests with an agenda of protection of Hong Kong people's interests and culture against the interference of the Chinese government and advocated the "Hong Kong nation's right to self-determination". The group wants a self-determination referendum in 2020 with the results effective in 2047, when China's "one country, two systems" promise ends. As of 2016, the convenor of the group is Baggio Leung.
In Hong Kong, localism is a political movement centered on the preservation of the city's autonomy and local culture. The Hong Kong localist movement encompasses a variety of groups with different goals, but all of them oppose the perceived growing encroachment of the Chinese central government on the city's management of its own political, economic, and social affairs. Issues of concern to localist camp include land use and development, cultural and heritage conservation on the left, parallel trading and the increasing number of mainland immigrants and tourists on the right. On the autonomy of Hong Kong, many of them advocate the Hong Kong people's right to self-determination, while milder elements advocate for greater autonomy while remaining part of China, and the most radical call for return to British rule or full independence as a sovereign state. Certain right-wing localist camp also advocate for a more aggressive and militant approach in defending popular interests.
Localist camp, or localist and self-determination groups, are the various groups with localist ideologies in Hong Kong. It emerged from post-80s social movements in the late 2000s which centred on the preservation of the city's autonomy and local lifestyles and opposed the perceived growing encroachment of the Beijing government on the city's management of its own political, economic, and social affairs.
Demosisto was a pro-democracy political organisation established on 10 April 2016 as a political party. It was led by Joshua Wong and Agnes Chow – former leaders of Scholarism, along with Nathan Law, former secretary-general of the Hong Kong Federation of Students (HKFS). Scholarism and the HKFS were the two student activist groups which played an instrumental role in the 79-day occupy protests known as the Umbrella Revolution in 2014.
Regine Yau Wai-ching is a Hong Kong former politician and former member of the localist camp Youngspiration. She was elected to the Legislative Council of Hong Kong as a member for Kowloon West in the 2016 Legislative Council election, but has since been disqualified pursuant to a judgment delivered by the High Court on 15 November 2016. As the youngest female parliament member in the Hong Kong history being elected on the age of 25, she is acclaimed to be a "daughter of Hong Kong" by the Chinese historian and political commentator Zhongjing Liu for her pro-democracy statesmanship and the advocacy for the self-determination of the Hong Kong national identity.
The Sixth Legislative Council of Hong Kong was the sixth meeting of the legislative branch of the Hong Kong Special Administrative Region Government. Running from 1 October 2016 to 31 December 2021, it was the longest legislative session in Hong Kong history, lasted for five years and three months. The term of the session was originally from 1 October 2016 to 30 September 2020, but was extended by the National People's Congress Standing Committee (NPCSC) due to the postponement of the 2020 Legislative Council election.
Sixtus "Baggio" Leung Chung-hang is a Hong Kong activist and politician. He is the convenor of Youngspiration, a localist political group in Hong Kong that leans towards Hong Kong independence, and is also leader and spokesperson of the pro-independence Hong Kong National Front. He was elected to the Legislative Council of Hong Kong as a member for New Territories East in the 2016 Hong Kong Legislative Council election. Triggered by his actions to make an independence political statement during the oath-taking ceremony, he faced a legal challenge from the government and was later stripped of his office by the court on 15 November 2016.
Lau Siu-lai is a Hong Kong educator, academic, activist, and politician. She is a sociology lecturer at the Hong Kong Polytechnic University's Hong Kong Community College and the founder of Democracy Groundwork and Age of Resistance. In 2016, Lau was elected to the Legislative Council, representing the Kowloon West geographical constituency until she was disqualified by the court on 14 July 2017 over her oath-taking manner at the inaugural meeting of the Legislative Council on 12 October 2016.
Edward Yiu Chung-yim is a Hong Kong academic, scholar and former politician who is currently an associate professor of property at the University of Auckland Business School. He is a former member of the Legislative Council of Hong Kong elected in the 2016 Legislative Council election representing the functional constituency of Architectural, Surveying, Planning and Landscape. On 14 July 2017, Yiu was disqualified by the court over his manner on oath of office at the inaugural meeting of the Legislative Council on 12 October 2016 as a result of the oath-taking controversy.
The 2018 Kowloon West by-election was held on 25 November 2018 after the incumbent pro-democracy Legislative Councillor Lau Siu-lai of Kowloon West was disqualified from the Legislative Council of Hong Kong (LegCo) after the oath-taking controversy resulted in the disqualifications of the six pro-democracy and localist legislators. It followed the by-election of four other vacated seats on 11 March 2018. Chan Hoi-yan, a nonpartisan backed by the pro-Beijing camp won over veteran democrat Lee Cheuk-yan of the Labour Party, a backup candidate for the pro-democracy camp after Lau's candidacy was disqualified.
The 2018 Hong Kong Legislative Council by-election was held on 11 March 2018 for four of the six vacancies in the Legislative Council of Hong Kong (LegCo) - the Hong Kong Island, Kowloon West and New Territories East geographical constituencies and the Architectural, Surveying, Planning and Landscape functional constituency - resulting from the disqualification of six pro-democrat and localist camp Legislative Council members over the 2016 oath-taking controversy. The by-election for the two other seats was not held due to pending legal appeals by the two disqualified legislators.
In the subsequently postponed 2020 Hong Kong Legislative Council election, 12 opposition candidates were disqualified by the returning officers from running in the election, including four incumbent legislators, Alvin Yeung, Kwok Ka-ki, Dennis Kwok and Kenneth Leung, as well as activists Joshua Wong, Ventus Lau, Gwyneth Ho and Cheng Kam-mun and incumbent District Councillors Lester Shum, Tiffany Yuen, Fergus Leung and Cheng Tat-hung.
On 11 November 2020, 15 Hong Kong pro-democracy members of the Legislative Council announced their resignations in protest against the decision of the National People's Congress Standing Committee (NPCSC) which bars Legislative Council members from supporting Hong Kong independence, refusing to recognise Beijing's sovereignty over Hong Kong, seeking help from "foreign countries or foreign forces to interfere in the affairs of the region" or committing "other acts that endanger national security" that resulted in the disqualification of pro-democracy legislators Alvin Yeung, Dennis Kwok, Kwok Ka-ki and Kenneth Leung. In July 2020, the four had been barred from running in the subsequently postponed Legislative Council election originally scheduled for September 2020. The resignation en masse left the Legislative Council membership dwindled to 43 out of the total number of 70 seats, with virtually no opposition for the first time since the 1997 handover.
The Public Offices Ordinance 2021 is an ordinance to amend the Oaths and Declarations Ordinance and other relating legislation which adds new requirements for the Chief Executive, Executive Council members, Legislative Council members and judges and other judicial officers, imposes oath-taking requirements on District Council members, and specifies requirements for candidates to swear to uphold the Basic Law and bear allegiance to the Hong Kong Special Administrative Region when assuming office or standing for election and also adds new grounds and mechanism for disqualification from holding the office or being nominated as a candidate. The ordinance was seen as another round of the Beijing authorities to bar the opposition from standing in elections or holding public offices and also raised concerns on the bill's vague parameters of the oath with such over-reaching scope would undermine Hong Kong's judicial independence.
This page is based on this Wikipedia article Text is available under the CC BY-SA 4.0 license; additional terms may apply. Images, videos and audio are available under their respective licenses.
