Lawmakers' oaths determined valid

The Government today announced that Chief Executive Carrie Lam, as oath administrator, has determined that the oaths taken by all 90 Legislative Council members-elect are valid.   The ceremony was held for the seventh-term LegCo members at the Chamber of the LegCo Complex.   The Government noted that Basic Law Article 104 stipulates that, when assuming office, LegCo members must, in accordance with the law, swear to uphold the Basic Law and swear allegiance to the Hong Kong Special Administrative Region.   According to the Interpretation of Article 104 of the Basic Law passed by the Standing Committee of the National People's Congress on November 7, 2016, the person administering the oath has the duty to ensure that the oath is taken in a lawful manner.   The oath administrator shall determine that an oath taken in compliance with the interpretation and the requirements under the laws of the Hong Kong SAR is valid, and that an oath taken which is not taken in compliance with such interpretation and requirements is invalid.   Additionally, if the oath taken is determined as invalid, no arrangement shall be made for retaking the oath.   According to the Public Offices (Candidacy & Taking Up Offices) (Miscellaneous Amendments) Ordinance 2021 that was gazetted and came into effect on May 21, 2021, the amended Oaths & Declarations Ordinance stipulates that the oath taken by LegCo members must be administered by the Chief Executive or a person authorised by the Chief Executive.   Based on the principles laid down by the interpretation and the relevant legal provisions, the Chief Executive has officially decided that the oaths taken by all LegCo members-elect are valid.
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