Legislators charge booty their adjuration in a address and form that is lawful.
The Government issued the account today in acknowledgment to media enquiries on oath-taking by Legislative Council members-elect tomorrow.
The account said the oath-taking at the alpha of the new LegCo appellation is a austere commemoration and a requisite for acknowledged compliance.
Basic Law Article 104 requires that, back d office, LegCo associates must, in accordance with law, affirm to advocate the Basic Law and affirm adherence to the Hong Kong Special Administrative Region of the People’s Republic of China, which is a built-in requirement.
The anatomy of the adjuration to be taken by LegCo associates is assigned by the Oaths & Declarations Ordinance. The authorization additionally provides that the Clerk to LegCo shall administrate the adjuration afore the acclamation of the Council President.
In absolution the duties of an adjuration administrator, the Clerk to LegCo can exercise all-important admiral to ensure the oath-taking is conducted and completed accurately and in an alike manner.
According to the 2004 acumen of Justice Hartmann, the demography of an adjuration that accords with the requirements of Basic Law Article 104 is “a binding built-in obligation imposed on all members-elect of LegCo”.
A LegCo affiliate charge booty the adjuration in a address and anatomy that accords with the ordinance.
Justice Hartmann additionally said “an adjuration taken in accordance with Article 104 of the Basic Law is no abandoned anatomy of words. It constitutes a austere declaration, a anatomy of affiance which binds the maker to a accurate cipher of conduct”.
If a affiliate swears their adjuration in a address or anatomy inconsistent with the ordinance, thereby altering the actuality of the adjuration itself, the adjuration offends Article 104 and will accordingly be unlawful.
The Clerk to LegCo has no administration to administrate such an oath. Should such a book arise, the Clerk should draw it to the absorption of the LegCo President back one is adopted for a ruling.
The authorization provides that any being who declines or neglects to booty an adjuration appropriately requested which they are appropriate to booty shall abandon appointment or be erfingers from entering on it, the account added.
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