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China adopts interpretation of Basic Law of Hong Kong SAR

Source: Xinhua 2016-11-07 11:00:38

CHINA-BEIJING-NPC-MEETING-CLOSING (CN)

The 24th session of the 12th National People's Congress (NPC) Standing Committee concludes at the Great Hall of the People in Beijing, capital of China, Nov. 7, 2016. China's top legislature on Monday adopted an interpretation to Article 104 of the Basic Law of the Hong Kong Special Administrative Region. (Xinhua/Pang Xinglei)

BEIJING, Nov. 7 (Xinhua) -- China's top legislature on Monday adopted an interpretation of Article 104 of the Basic Law of the Hong Kong Special Administrative Region (SAR) by a unanimous vote.

Article 104 of the Basic Law stipulates: "When assuming office, the chief executive, principal officials, members of the executive council and of the legislative council, judges of 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."

According to the interpretation of Article 104 of the Basic Law, "To uphold the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China" and to bear "allegiance to the Hong Kong Special Administrative Region of the People' s Republic of China" are not only the legal content which must be included in the oath prescribed by the Article, but also the legal requirements and preconditions for standing for election in respect of or taking up the public office specified in the Article.

Oath taking is the legal prerequisite and required procedure for public officers specified in the Article to assume office, it said.

No public office shall be assumed, no corresponding powers and functions shall be exercised, and no corresponding entitlements shall be enjoyed by anyone who fails to lawfully and validly take the oath or who declines to take the oath, it spelled out.

An oath taker must take the oath sincerely and solemnly, and must accurately, completely and solemnly read out the oath prescribed by law, the 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", according to the interpretation.

An oath taker is disqualified forthwith from assuming the public office specified in the Article if he or she declines to take the oath, the interpretation said.

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 office specified in the Article, it added.

The oath must be taken before the person authorized by law to administer the oath. The person administering the oath has the duty to ensure that the oath is taken in a lawful manner, the interpretation read.

The taking of the oath stipulated by Article 104 of the Basic Law is a legal pledge made by the public officers specified in the Article and is legally binding, it said.

The oath taker must sincerely believe in and strictly abide by the relevant oath prescribed by law. An oath taker who makes a false oath, or, who, after taking the oath, engages in conduct in breach of the oath, shall bear legal responsibility in accordance with law, it added.

Related:

Full text: Interpretation of Article 104 of Basic Law of Hong Kong SAR

BEIJING, Nov. 7 (Xinhua) -- The Standing Committee of the twelfth National People's Congress on Monday adopted the interpretation of Article 104 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China at its twenty-fourth Session.

Following is the full text of the document.  Full story

Interpretation of Hong Kong Basic Law comes at right time: Spokesperson

BEIJING, Nov. 7 (Xinhua) -- A spokesperson with the Hong Kong and Macao Affairs Office of the State Council on Monday issued a statement hailing the adoption of an interpretation of Article 104 of the Basic Law of Hong Kong Special Administrative Region (SAR) as "absolutely necessary" and timely.

"The interpretation demonstrates the central government's firm determination and will in opposition of 'Hong Kong independence,'" the spokesperson said.  Full story

HK top official: HKSAR government supports, to implement top legislature's Basic Law interpretation

HONG KONG, Nov. 7 (Xinhua) -- Hong Kong Chief Executive Leung Chun-ying said Monday that the Chief Executive and the Hong Kong Special Administrative Region (SAR) Government support China's top legislature's interpretation to the Article 104 of Hong Kong Basic Law and will take the responsibility to implement the Basic Law interpretation.

Leung made the remarks at a press conference held Monday after the Standing Committee of National People's Congress passed and publicized the interpretation earlier in the morning. Full story

 
China adopts interpretation of Basic Law of Hong Kong SAR
                 Source: Xinhua | 2016-11-07 11:00:38 | Editor: huaxia

CHINA-BEIJING-NPC-MEETING-CLOSING (CN)

The 24th session of the 12th National People's Congress (NPC) Standing Committee concludes at the Great Hall of the People in Beijing, capital of China, Nov. 7, 2016. China's top legislature on Monday adopted an interpretation to Article 104 of the Basic Law of the Hong Kong Special Administrative Region. (Xinhua/Pang Xinglei)

BEIJING, Nov. 7 (Xinhua) -- China's top legislature on Monday adopted an interpretation of Article 104 of the Basic Law of the Hong Kong Special Administrative Region (SAR) by a unanimous vote.

Article 104 of the Basic Law stipulates: "When assuming office, the chief executive, principal officials, members of the executive council and of the legislative council, judges of 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."

According to the interpretation of Article 104 of the Basic Law, "To uphold the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China" and to bear "allegiance to the Hong Kong Special Administrative Region of the People' s Republic of China" are not only the legal content which must be included in the oath prescribed by the Article, but also the legal requirements and preconditions for standing for election in respect of or taking up the public office specified in the Article.

Oath taking is the legal prerequisite and required procedure for public officers specified in the Article to assume office, it said.

No public office shall be assumed, no corresponding powers and functions shall be exercised, and no corresponding entitlements shall be enjoyed by anyone who fails to lawfully and validly take the oath or who declines to take the oath, it spelled out.

An oath taker must take the oath sincerely and solemnly, and must accurately, completely and solemnly read out the oath prescribed by law, the 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", according to the interpretation.

An oath taker is disqualified forthwith from assuming the public office specified in the Article if he or she declines to take the oath, the interpretation said.

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 office specified in the Article, it added.

The oath must be taken before the person authorized by law to administer the oath. The person administering the oath has the duty to ensure that the oath is taken in a lawful manner, the interpretation read.

The taking of the oath stipulated by Article 104 of the Basic Law is a legal pledge made by the public officers specified in the Article and is legally binding, it said.

The oath taker must sincerely believe in and strictly abide by the relevant oath prescribed by law. An oath taker who makes a false oath, or, who, after taking the oath, engages in conduct in breach of the oath, shall bear legal responsibility in accordance with law, it added.

Related:

Full text: Interpretation of Article 104 of Basic Law of Hong Kong SAR

BEIJING, Nov. 7 (Xinhua) -- The Standing Committee of the twelfth National People's Congress on Monday adopted the interpretation of Article 104 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China at its twenty-fourth Session.

Following is the full text of the document.  Full story

Interpretation of Hong Kong Basic Law comes at right time: Spokesperson

BEIJING, Nov. 7 (Xinhua) -- A spokesperson with the Hong Kong and Macao Affairs Office of the State Council on Monday issued a statement hailing the adoption of an interpretation of Article 104 of the Basic Law of Hong Kong Special Administrative Region (SAR) as "absolutely necessary" and timely.

"The interpretation demonstrates the central government's firm determination and will in opposition of 'Hong Kong independence,'" the spokesperson said.  Full story

HK top official: HKSAR government supports, to implement top legislature's Basic Law interpretation

HONG KONG, Nov. 7 (Xinhua) -- Hong Kong Chief Executive Leung Chun-ying said Monday that the Chief Executive and the Hong Kong Special Administrative Region (SAR) Government support China's top legislature's interpretation to the Article 104 of Hong Kong Basic Law and will take the responsibility to implement the Basic Law interpretation.

Leung made the remarks at a press conference held Monday after the Standing Committee of National People's Congress passed and publicized the interpretation earlier in the morning. Full story

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