Hong Kong ex-civil servant lodges legal bid against government for ordering his retirement after he questioned need for oath
- Wong Chau-ming says he was forced to ‘retire in the public interest’ from his tax officer post with the Inland Revenue Department, where he had worked for more than 25 years
- Court papers state Wong had questioned the need for the civil service oath, but eventually submitted his declaration months later
A former Hong Kong civil servant has lodged a legal challenge against authorities’ decision to order his retirement after he questioned the need to declare allegiance to the city as mandated by the government.
Wong Chau-ming said he was forced to “retire in the public interest” on August 30 from his post as an assistant taxation officer of the Inland Revenue Department, a division where he had worked for more than 25 years since June 1996.
Court filings made available on Tuesday showed that Wong – whose age was not revealed – had been asked to submit a signed declaration on January 28, which prompted him to write to the department the following month, inquiring about the necessity of signing the paper and what was meant by contravening it.
Wong then learned his case would be referred to the secretary for the civil service to determine whether to direct his retirement, in accordance with the Public Service (Administration) Order.
He subsequently submitted a signed declaration on August 12, a day before the deadline for him to make representations about the proposed retirement.
Oath rules extended to Hong Kong government staff on non-civil service contracts
In reply, on August 30, the secretary ordered Wong’s retirement, with the commissioner of inland revenue stating that his leave clearance would begin the next day, until the effective date of his retirement on October 25.
The civil service oath was implemented in the wake of the 2019 anti-government protests, during which thousands of staff employed by the administration joined the social unrest, sparked by a since-withdrawn extradition bill.
All 180,000 civil servants have been required to sign a declaration pledging to uphold the Basic Law, the city’s mini-constitution, bear allegiance to Hong Kong, be dedicated to their duties and responsible to the government.
The declaration aims to strengthen allegiance in the public sector following the adoption of the national security law in June last year. Civil servants who signed the pledge are also expected to support government policies, including the implementation of the security legislation.
Nearly 130 civil servants fail to pledge allegiance to Hong Kong government
Secretary for the Civil Service Patrick Nip Tak-kuen had previously warned that those who refuse to sign the declaration “will have to leave the civil service”.
In the first legal challenge of its kind, Wong argued that the decision to direct his early retirement was irrational since he had already signed the declaration and there was “no good reason not to accept” it.
Wong also complained that the decision was tainted with procedural impropriety, in that the secretary had failed to give any reason for the move.
He is now seeking an order to quash the decision, according to his application for a judicial review filed to the High Court on Monday.
