A district councilor (left) swears his allegiance to the Hong Kong Special Administrative Region and its Basic Law during a ceremony at North Point Community Hall on Sept 24, 2021. The oath-taking was administered by Secretary for Home Affairs Caspar Tsui Ying-wai (right). (PHOTO / HKSAR GOVT)

HONG KONG – The Hong Kong government has disqualified 10 district councilors after ruling that the oaths they had sworn during an oath-taking ceremony last week were invalid.

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The second batch of 55 District Council members swore an oath of allegiance to the special administrative region and its Basic Law at a ceremony on Sept 24.

Secretary for Home Affairs Caspar Tsui Ying-wai, who administered the oath-taking, determined on that day that the oaths taken by 45 were valid.

A government spokesman stressed that the oath-taking is legally binding and the oath-taker must sincerely believe in and strictly abide by the relevant oath prescribed by law

“As the oath administrator had questions about the validity of the oaths taken by the other 10 DC members, letters were issued to the DC members concerned on September 24 to require them to provide additional information,” a spokesman for the government said in a statement on Wednesday.

After considering the written replies from the 10 members and all relevant information, Tsui determined that the oaths taken by them were invalid.

The decision was based on the principles laid down by the interpretation of Article 104 of the Basic Law by the Standing Committee of the National People's Congress and the relevant legal provisions, the spokesman said.

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The 10 are Yau Tsim Mong district councilors Wu Sui-shan, James To Kun-sun, Tsang Tsz-ming and Chu Kong-wai; Sham Shui Po district councilor Lau Wai-chung; Kowloon City district councilors Tsang Kin-chiu, Kwok Tin-lap and Pius Yum Kwok-tung; Wong Tai Sin district councilor Sean Mock Ho-chit; and Kwun Tong district councilor Edith Leung Yik-ting. 

The spokesman said if the oath taken is determined as invalid, no arrangement should be made for retaking the oath. The seven members should, therefore, vacate their office.

The spokesman stressed that the oath-taking is legally binding and the oath-taker must sincerely believe in and strictly abide by the relevant oath prescribed by law. 

The government also announced on Wednesday that the third batch of councilors – from North District, Tai Po, Sai Kung and Sha Tin – will take the oath next Monday.

Hong Kong’s legislature passed a bill in May requiring district councilors to take the oath. The city’s National Security Law also requires those holding public office to take the oath to uphold the Basic Law and pledge allegiance to the city.