The Civil Service Bureau issued a circular to all policy bureaus and departments today, promulgating the requirement for civil servants appointed to the civil service before July 1 last year to take an oath or sign a declaration.

The bureau said all civil servants who were appointed to the civil service before July 1 last year are required to sign a declaration that they will uphold the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, bear allegiance to the Hong Kong Special Administrative Region, be dedicated to their duties and be responsible to the Hong Kong SAR Government.

Civil servants should sign and return their declaration within four weeks after the department issues the letter concerned.

Civil servants appointed to senior positions such as Heads of Department will be additionally required to take an oath.

The bureau said under the Basic Law and the Civil Service Code, it has consistently been the duty of civil servants to uphold the Basic Law, bear allegiance to the Hong Kong SAR, be dedicated to their duties and be responsible to the Hong Kong SAR Government.

This has all along been what the Government and society expect and require of them.

All civil servants should in no uncertain terms acknowledge and accept these basic duties.

Taking an oath or signing a declaration is an open acknowledgement of the acceptance and a genuine manifestation of the responsibilities of and expectations on civil servants, which will enable them to have clearer awareness of the duties, responsibilities and requirements entailed by their official positions.

It further safeguards, strengthens and promotes the core values that should be upheld by civil servants, and ensuring in turn the effective governance of the Hong Kong SAR Government.

Taking into account that the content of the oath/declaration only reflects the basic duties of all civil servants with no additional requirement introduced, and the views of the civil service unions, the bureau decided to require all civil servants to comply with the requirement of taking the oath or signing the declaration in one go.

On October 12 last year, the bureau required all civil servants who joined the Hong Kong SAR Government between July 1 last year and that date to take an oath or sign a declaration, and all of them signed the declaration by the end of October last year.

For those who received an appointment offer after October 12 last year, one of the conditions for appointment is that they must sign and return the signed declaration as part of their acceptance of the offer of appointment.

During the period from July 1 last year till now, more than 4,000 civil servants joined the Hong Kong SAR Government and duly made the declaration.

The Hong Kong SAR Government also held an oath-taking ceremony for civil servants at the Central Government Offices on December 18 last year.

Permanent secretaries, heads of department and directorate civil servants at the rank of D6 or above took an oath which was witnessed by Chief Executive Carrie Lam.

The bureau said negligence or refusal to take the oath or to duly sign and return the declaration by a civil servant casts serious doubts on his or her willingness to take up these basic duties and his or her suitability to remain in the civil service to continue discharging his or her official duties.

The Government will, with regard to the specific circumstances of each case, decide whether to initiate action in accordance with the mechanisms under the Public Service (Administration) Order or the relevant disciplined services legislation as appropriate to terminate the officer's service.

The officer concerned will be given an opportunity to make representations in the process.

The Government has an established mechanism to handle disciplinary matters of civil servants.

If a civil servant commits a misconduct which also involves a breach of the oath or declaration, the Government will, having regard to the specific circumstances of the case, take appropriate disciplinary action against the officer for the misconduct committed in accordance with the established mechanism.

In determining the punishment in accordance with the order or the relevant disciplined services legislation, the Government will take into account the circumstances, nature and gravity of the case, etc.

The Government will also take into consideration the fact that the misconduct is committed by the civil servant even though the officer has taken an oath or signed a declaration to acknowledge the expectations and responsibilities brought by the official position on him or her, the bureau added.