Last week, the Hong Kong Legislative Council passed the Public Offices (Candidacy and Taking Up Offices) (Miscellaneous Amendments) Bill 2021 in an orderly manner. Around the bill’s passage, there has been a political earthquake at the district level as some 30 self-proclaimed democratic district councilors announced they would leave their positions. They refused to take the oath of allegiance to the government of the special administrative region to dodge the possible legal consequences.
The legislation requires every public servants, district councilors included, to swear allegiance to the HKSAR of the People’s Republic China. It draws a clear-cut red line in district politics, one of patriotic credentials that no official or councilor is allowed to cross. The 30 radicals gave up their footholds in local politics before the act takes effect on May 21.
Obviously, these radicals are not qualified to govern Hong Kong. Enacting a law that requires all public officers to uphold the Basic Law and pledge allegiance to the HKSAR will help District Councils pull their weight on serving the public, rather than advancing an incendiary political agenda
Some citizens mourned the loss of the “pro-democratic” councilors, but the narratives in the mainstream media did not share the sentiment, as the real political influence of the 30 is very limited. For some patriots in Hong Kong, their resignation works like cutting malignant tumors out so that the body can resume its normal functions. Those who are hellbent on destroying Hong Kong should be winnowed out, and the bill’s effect on the district councilors appears to be promising: Not only will it facilitate patriot governance, but it will also consolidate the city’s hard-earned stability after the yearlong turmoil.
Pro-establishment politicians even see the resignation of the agitators a “godsend” to the Hong Kong community. The bill has successfully rescued the District Councils from a political maelstrom and will bar pseudo-patriots from the power structure. Therefore, it allows Hong Kong to get back on its feet. Even the Democratic Party urged its 80-plus district councilors to abide by the requirements and take the oath, as did the Hong Kong Association for Democracy and People’s Livelihood, which had a team of 19 district councilors.
The “black revolution” triggered by the anti-extradition bill movement in 2019 has seen a large number of radicals occupying the District Councils, turning them into a hotbed of separatism and violence in communities, which, in effect, has torn society apart. Obviously, these radicals are not qualified to govern Hong Kong. Enacting a law that requires all public officers to uphold the Basic Law and pledge allegiance to the HKSAR will help District Councils pull their weight on serving the public, rather than advancing an incendiary political agenda.
The bill requiring oath-taking by district councilors and other public servants has a constitutional basis that cannot be challenged. The interpretation of Article 104 of the Basic Law by the Standing Committee of the National People’s Congress in 2016 and the National Security Law for Hong Kong have clear requirements that when assuming office, public officers must uphold the Basic Law and swear allegiance to the HKSAR. This is a fundamental political ethics that public officers must abide by.
The bill empowers the secretary for justice to file legal proceedings against a person on the grounds of breaching an oath or failing to fulfill the above-mentioned legal requirements. Meanwhile, a person who is found to have violated their oath and hence resulted in their dismissal from public office will be disqualified from being nominated as a candidate at an election for the next five years. The social liability of the officials and district councilors is real, and the legal consequences are tangible. Such an arrangement is reasonable; its deterrent effects on potential offenders will be visible.
The enactment of the National Security Law for Hong Kong and the improvement of the electoral system have ushered in a major rectification of Hong Kong’s political turmoil, effectively ending the street violence and restoring law and order. Based on the improved legal system, the next challenge for Hong Kong is to instate “patriots governing Hong Kong”. The city needs to step up its effort to restore the rule of law and resume its economic growth. The bill, by putting District Councils in order, paves the way to lasting stability as councilors focus on serving the communities and solving local issues.
There might be some die-hard followers who are hellbent on following their secessionist agenda. However, the mechanism initiated by the bill will expel the troublemakers from the political system. Xia Baolong, vice-chairman of the National Committee of the Chinese People’s Political Consultative Conference and director of the Hong Kong and Macao Affairs Office of the State Council, stressed that those who hold important positions, wield vital power and shoulder major governance responsibilities in the power structure of the HKSAR must be staunch patriots who meet strict and demanding patriotic requirements. Under no circumstances should these positions fall into the hands of anti-China radicals who collude with foreign powers to undermine their country.
The author is a current affairs commentator. The views do not necessarily reflect those of China Daily.