Chief Executive CY Leung says the Hong Kong Special Administrative Region Government supports, and will implement, today's National People's Congress Standing Committee interpretation of Basic Law Article 104.
Mr Leung made the statement at a press conference he held with Chief Secretary Carrie Lam, Secretary for Justice Rimsky Yuen and Secretary for Constitutional & Mainland Affairs Raymond Tam.
He said it is an important part of Hong Kong's constitutional and legal systems for the standing committee to exercise its power conferred by the Constitution and the Basic Law to interpret Basic Law provisions.
Mr Leung said the interpretation is to ensure the public officers specified in Article 104, including Legislative Council members, take oaths in accordance with the law when assuming office, read out the oath as prescribed in the law, including "to uphold the Basic Law of the HKSAR of the People's Republic of China and swear allegiance to the HKSAR of the People's Republic of China", in an accurate, complete and solemn manner.
"The interpretation has clarified that any oath taken in a manner that is not sincere or solemn is considered a 'decline' to take an oath, and that the oath taken is rendered invalid.
"As such, the person taking the oath is regarded as having forthwith lost their qualification for the corresponding public office and they therefore cannot assume such public office, nor exercise their duties or enjoy the corresponding benefits of the office."
Mr Leung said the interpretation clearly explains the meaning of Article 104 and the consequences of contravening the provision. It also explains clearly the requirements for oath-taking by specified public officers.
All specified public officers, including LegCo members, when taking the oath in assuming office, must pledge in a sincere and solemn manner to uphold the Basic Law and swear allegiance to the HKSAR of the People's Republic of China, both to comply with the legal and constitutional requirements, and as a prerequisite for standing for election or assuming office.
Mr Leung said any words or deeds that deliberately contravene these requirements, defy the prescribed oath-taking procedure, or even use the opportunity to insult the country and the Chinese people, and advocate secession, must be stopped in accordance with the law.
He said some elected members of the current-term legislature, including Sixtus Leung and Yau Wai-ching, deliberately violated the oath-taking procedure and content requirements of the oath. They even insulted the country and the Chinese people in their words and deeds in the oath-taking, as well as advocated "Hong Kong independence".
"Their conduct has caused widespread indignation in Hong Kong and across the country. The SAR Government considers that their conduct seriously undermines the rule of law and deals a heavy blow to 'one country, two systems'," the Chief Executive said.
The HKSAR Government initiated legal proceedings last month asking the court to rule that Sixtus Leung and Yau failed to fulfil the legal requirements and should be disqualified as LegCo members.
CY Leung said Hong Kong is an inalienable part of the country and Hong Kong people have the duty to uphold national unity, territorial integrity and security, as well as the dignity and interests of the Chinese people.
"I am certain the Hong Kong community will agree that every LegCo member has the duty to uphold the Basic Law and swear allegiance to the HKSAR of the People's Republic of China, and to fully implement the constitutional arrangements and legal requirements under ‘one country, two systems’.”
