Beijing’s draft ruling on oath-taking for Hong Kong legislators ‘so detailed it amounts to a new law’
Constitutional law expert says interpretation sets dangerous precedent for Beijing to interfere when it does not like a law, but Bar Association chairwoman believes it will have limited impact
The Beijing draft ruling on how lawmakers should take their oath appears so elaborate that it amounts to making a new law for Hong Kong, lawyers say, though they differ on how much the intervention will affect the judicial system.
One professor says the ruling could set a dangerous precedent for Beijing to issue its own interpretation if it does not like a Hong Kong law or does not trust local judges in dealing with a sensitive issue. The Bar Association chief says the decision could provide clarity for lawmakers about oath-taking.
The draft interpretation, set to be voted on Monday, is likely to prescribe the format and conduct for legislators taking the oath and the consequences of non-compliance, as well as defining words like “allegiance” in Article 104 of the Basic Law, according to Basic Law Committee members who have been consulted by the National People’s Congress Standing Committee.
But Johannes Chan Man-mun, an expert in constitutional law at the University of Hong Kong, said such details should not exist in or be added to a document like the Basic Law.