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China Insists Hongkongers Swear Allegiance. Is It Legal?

FAM: It is understood that the Hong Kong Free Press report below regarding a ruling from the Chinese central government is in response to several democratically elected Hong Kong lawmakers’ defiant attitudes towards China.


(Hong Kong Free Press) – The Standing Committee of the National People’s Congress (NPCSC)  voted on and passed The NPCSC’s interpretation of the Basic Law Article 104 of the Hong Kong Special Administrative Region with unanimous support on Monday morning, Xinhua reports.

A defiant lawmaker in Hong Kong. (Photo Credit: Apple Daily)

The announcement marks the fifth time since the 1997 handover that Beijing has interpreted Hong Kong‘s mini-constitution.

The central government believes different sectors in Hong Kong will now understand the harmfulness of “Hong Kong independence,” he says, and cherish and maintain the stability of the city. This includes accurately implementing the principle of “one country, two systems”, the Basic Law, as well as upholding territorial integrity and national safety, he adds.

The ruling is understood to have come in response to anti-Beijing, pro-Hong Kong independence sentiments amongst rebellious lawmakers. 

The Standing Committee has clarified the definition and requirements of “swear in accordance with the law” in Article 104 of the Basic Law, a spokesman for the Hong Kong and Mainland Affairs Office said in Beijing according to Xinhua.

“The Standing Committee’s explanation underlines the central government’s firm determination and will against Hong Kong independence, and upholds the authority of the Basic Law and the rule of law”.

The interpretation has addressed the “common wish” of the people of Hong Kong and the mainland, and is “totally necessary” and comes at a good time, he added.

Article 104 stipulates: “When assuming office, the Chief Executive, principal officials, members of the Executive Council and of the Legislative Council, judges of the courts at all levels and other members of the judiciary in the Hong Kong Special Administrative Region must, in accordance with law, swear to uphold the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China and swear allegiance to the Hong Kong Special Administrative Region of the People’s Republic of China.”

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Read The Original HKFP Article here.

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