Gov’t backs nomination decisions

January 27, 2018

The Government supports the decisions on the validity of nomination made by the Returning Officers in accordance with the law.


The Government made the statement today in response to media enquiries regarding the 2018 Legislative Council By-election.


It said Returning Officers have the duty as well as power to make decisions according to the electoral laws.


The Government agrees to and supports the Returning Officer’s decision that the nomination of a candidate was invalid as she did not comply with section 40(1)(b)(i) of the LegCo Ordinance.


The Government said the candidate cannot possibly comply with the requirements of the electoral laws as advocating or promoting "self-determination" is contrary to the content of the declaration that the law requires a candidate to make to uphold the Basic Law and pledge allegiance to the Hong Kong Special Administrative Region.


It said "self-determination" or changing the HKSAR system by referendum which includes the choice of independence is inconsistent with the constitutional and legal status of the HKSAR as stipulated in the Basic Law, as well as the established basic policies of the People's Republic of China regarding Hong Kong, that is Hong Kong should be a special administrative region of the PRC under the "one country, two systems" principle.


According to Basic Law Article 104, LegCo members must swear to uphold the Basic Law and swear allegiance to the HKSAR before assuming office.


Upholding the Basic Law is a basic legal duty of a legislator, the Government said, adding if a person advocates or promotes self-determination or independence by any means, he or she cannot possibly uphold the Basic Law or fulfil his or her duties as a legislator.


The Government all along respects and safeguards the rights enjoyed by Hong Kong residents according to law, including the rights to vote and to stand for election. It also has a duty to implement and uphold the Basic Law and to ensure all elections are conducted in accordance with the Basic Law and electoral laws.


The Government said the decisions made by the Returning Officers are to ensure the LegCo election is held in strict accordance with the Basic Law and other applicable laws in an open, honest and fair manner.


There is no question of any political censorship, restriction of the freedom of speech or deprivation of the right to stand for elections as alleged by some members of the community, it added.

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