For the official National People’s Congress interpretation of Article 104 of the Basic Law, click here.
Key points:
2(2) Oath taking must comply with the legal requirements in respect of its form and content. […] of which includes “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”.
2(3) An oath taker is disqualified forthwith from assuming the public office specified in the Article if he or she declines to take the oath. An oath taker 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, shall be treated as declining to take the oath. The oath so taken is invalid and the oath taker is disqualified forthwith from assuming the public officer specified in the Article.
2(4) […] If the oath taken is determined as invalid, no arrangement shall be made for retaking the oath.
For Danny Gittings interpretation of the interpretation, click here.
For Progressive Lawyers Group’s FAQs on the interpretation, click here.
