Explainer | What exactly is Hong Kong’s new oath-taking bill all about, and who will be affected?

The bill allows for the ousting of oath-takers deemed unpatriotic – both immediately and retroactively – and grants the justice minister broader powers

Some in the opposition say they would rather resign, and even pro-establishment camp members have raised concerns about freedom of speech

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Civil servants participate in an oath-taking ceremony in December. Photo: Handout

Published: 3:00pm, 10 Apr 2021Updated: 5:17pm, 10 Apr 2021

More than 400 Hong Kong district councillors will soon have to take a new oath of office pledging allegiance to the city and swearing to uphold the Basic Law, a move already causing ripples across the opposition camp.

The councillors could find themselves disqualified from office, either immediately or retroactively, if inquiries into their past conduct show they are “not patriotic”, according to details announced by the government and sources who have spoken to the Post.

The oath-taking requirement was established by Article 6 of Beijing’s national security law, imposed on Hong Kong last June, and a bill now seeks to bring local laws in line with that legislation.

The draft law also empowers the city’s justice minister to initiate legal action against lawmakers and district councillors at any time during their term of office if they are suspected of violating the oath.

Bigger groups in the opposition bloc, including the Democractic Party and NeoDemocrats, are encouraging their district councillors to take the oath, but some individual district councillors have decided to resign instead, fearing the worst.

Before the introduction of the bill to mandate oath-taking among public officials, authorities had also asked all civil servants to sign a pledge declaring they would uphold the Basic Law and swear allegiance to the government, or risk dismissal.