Onus is on government to explain why Legco candidates need to sign new ‘loyalty’ declaration
The aim is clear: prevent independence advocates from becoming lawmakers; what’s not clear is the legal reasoning and implications for such a rule
There is no confusion about why the government wants people seeking to run in September’s Legislative Council elections to declare that Hong Kong is an inalienable part of China. The aim is to block potential candidates of groups with platforms of self-determination and independence from standing. But the reasoning and implications have not been well explained, leading to uncertainty for nominees and voters alike. Authorities need to clarify their position and be explicit about what the rule change means.
The rule, announced two days before the nomination period began last Saturday, requires the signing of a declaration in addition to an existing one to uphold the Basic Law and pledge allegiance to the Hong Kong Special Administrative Region. In announcing the decision, the independent Electoral Affairs Commission warned that anyone making a false declaration on the nomination form could face criminal prosecution. Debate has been sparked about such legality and whether returning officers are qualified to judge whether a potential candidate meets the requirements.
