In an unprecedented move, China today passed a new controversial law to bar elected rebel lawmakers from taking office in Hong Kong in a bid to crush growing pro-independence movement in the former British colony.
The ruling passed by the Standing Committee of the National People's Congress, China's rubber stamp parliament, said elected members to Legislative Council (LegCo) of the Hong Kong Special Administrative Region (SAR) must swear allegiance to Hong Kong as part of China and those who changed their oath will be disqualified.
"When assuming office, the chief executive, principal officials, members of the executive council and of the legislative council, judges of courts at all levels and other members of the judiciary in the Hong Kong Special Administrative Region must, in accordance with law, swear to uphold the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China.
And swear allegiance to the Hong Kong Special Administrative Region of the People's Republic of China," NPC said issuing official interpretation basic law of article 104 of the Hong Kong's Basic Law.
The clause stipulating "allegiance to the Hong Kong Special Administrative Region of the People' s Republic of China" is not only the legal content which must be included in the oath prescribed by the Article, but also the legal requirements and preconditions for standing for election in respect of or taking up the public office specified in the Article, the NPC ruling said.
This followed China facing major challenge to its political hold on the former British colony which was merged with the mainland in 1997 with certain privileges like freedom of expression which were not granted to Tibet and Xinjiang, though they are treated as Autonomous Regions for their distinct ethnic identities.
The pro-independence sentiments which had been brewing since 2014 over China's insistence to screen candidates to contest the polls for the Chief Executive post snowballed into a political movement with some of the rebels getting elected to LegCo.
Two pro-independence legislators, Yau Wai-ching and Sixtus Leung, from Youngspiration party expressed support for Hong Kong's independence from China while taking oath in LegCo last month and used a derogatory term to describe Beijing.
China's ruling may also call into question oath of three other pro-independence legislators.
Yau Wai-ching created a stir by laying out a banner with the word "Hong Kong is not China" before taking her first oath.
The two rebel legislators vowed to defend the "Hong Kong nation."
Leung crossed his fingers while Yau used the F-word in her pledge.
Their actions followed by over a year anti-China protests and demonstrations in former British colony creating a piquant situation for Beijing over fears that an outright crackdown may alienate the SAR further.
This is the first time China made a decisive intervention to prevent situation from spiralling out of control.
Oath taking is the legal prerequisite and required
procedure for public officers specified in the Article to assume office.
Today's ruling by the NPC said no public office shall be assumed, no corresponding powers and functions shall be exercised, and no corresponding entitlements shall be enjoyed by anyone who fails to lawfully and validly take the oath or who declines to take the oath.
This effectively prevents any pro-independence people in Hong Kong either to contest polls or hold any office.
The ruling also barred people from tampering with the oath.
An oath taker is disqualified forthwith from assuming the public office specified in the Article if he or she declines to take the oath, the interpretation said.
As soon as the NPC passed the new interpretation, China backed Hong Kong Chief Executive Leung Chun-ying said that he and the SAR government will fully implement it.
Leung, who faced criticism for toeing Beijing's line told a press conference that as the chief executive of the SAR, he has the duty to implement the Basic Law in accordance with Article 48 of the Basic Law.
Hong Kong is an inalienable part of China and the Hong Kong people have the duty to uphold national unity, territorial integrity and security, as well as the dignity and interests of the Chinese people, Xinhua quoted him as saying.
The Beijing's interpretation may be challenged in the Hong Kong courts who still uphold the freedoms when the British colony was handed over to China.
The terse ruling by China was expected to take control of the city whose 7.3 million population turned increasingly hostile to Beijing's attempts to firm up its control.
Three advocates of Hong Kong self-determination who have been sworn in as lawmakers say they are undeterred by Beijing's latest ruling, vowing to stay true to their election platforms and discuss the issue in the Legislative Council.
Among them, Lau Siu-lai, widely seen as the next target for disqualification, said she would seek legal advice to fight to keep her seat, Hong Kong-based 'South China Morning Post' reported.
"It's not my own concern [about losing my seat] now. The whole society should be worried," she said about NPC's ruling.
Several Labour Party leaders of Hong Kong gathered in front of Beijing's liaison office to protest against the interpretation, the report said.
Cyd Ho Sau-lan, the party's vice-chairwoman, said the interpretation set a precedent for future justifications to disqualify and prosecute dissenting legislators.
"This interpretation has thoroughly destroyed our election system. Through requiring legislators to sincerely embrace the Hong Kong Special Administrative Region and the Basic Law, [Beijing] can screen out candidates and bar people from entering Legco," she said.
