Published: 15:44, November 14, 2020 | Updated: 11:24, June 5, 2023
HKSAR govt condemns baseless claims against NPCSC decision
By ​Wang Zhan

HONG KONG – The Hong Kong Special Administrative Region (HKSAR) government has strongly opposed and condemned groundless accusations made recently by foreign governments and entities against the decision by the Standing Committee of the National People's Congress (NPCSC) on the qualification of members of the Legislative Council (LegCo) of the HKSAR.

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In a statement issued on Saturday, a spokesperson for the HKSAR government said that such accusations were politically motivated with the ulterior motive to undermine the relationship between the central authorities and the HKSAR under "one country, two systems". They were also flagrant interference into the internal affairs of another country or government, breaching the basic guiding principles of international relations, the spokesperson said.

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Article 104 of the Basic Law requires designated public officers including LegCo members, when assuming office, to swear to uphold the Basic Law and swear allegiance to the HKSAR in accordance with the law, the spokesperson said.

Citing current practices in the US and the UK, the spokesperson said swearing allegiance to the system of the country and upholding laws of the state is an international norm for public officers and any breach of the oath will not be tolerated.

The decision made by the NPC Standing Committee on Nov 11 is constitutional, lawful and necessary, said the HKSAR government

"By criticizing resolute actions of the Central People's Government (CPG) and the HKSAR government to disqualify four LegCo members who have been confirmed in accordance with the law to have breached the statutory requirements in their oath, those foreign political figures are clearly applying double standards, the same tactic they deployed in vilifying the Hong Kong National Security Law," the spokesperson added.

The NPCSC decision made on Nov 11 is constitutional, lawful and necessary. It set out clearly the consequences of LegCo members violating the legal prerequisites of "upholding the Basic Law of the HKSAR of the PRC" and "swearing allegiance to the HKSAR of the PRC", the spokesperson said.

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By stipulating that such consequences were applicable to LegCo members who were confirmed in accordance with the law to be ineligible to become candidates for LegCo election, it provided the solid legal basis for the HKSAR government to announce their disqualification, the spokesperson said.

“It is a timely act to ensure the faithful implementation of ‘one country, two systems’ and safeguard the constitutional order of the HKSAR,” the spokesperson said, adding there is no question of “destroying 'one country, two systems' or a high degree of autonomy” as claimed by a few.

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“It is also far from the truth for others to accuse the NPCSC decision of stifling human rights or freedoms, or undermining democracy or the legislature's checks and balance over the executive, the spokesperson said, adding the HKSAR government denounced any such irresponsible remarks by foreign political figures.

The HKSAR government reiterates that Hong Kong matters are internal affairs of the PRC, and once again demanded relevant foreign governments and individuals to stop interfering in HKSAR affairs in any manner.