Article 104 of the Hong Kong Basic Law stipulates that “when assuming office” the relevant public officers “must, in accordance with law, swear [the oath]”. According to the law and its practice, this provision has at least four levels of meaning: Firstly, oath taking is the legal prerequisite and required procedure for public officers specified in the Article to assume the relevant public office. No public office shall be assumed, and hence no corresponding powers and functions shall be exercised, and no corresponding entitlements shall be enjoyed by anyone who fails to lawfully and validly take an oath or who declines to take the oath. Secondly, the oath is a solemn declaration, which must comply with the legal requirements in respect of its form and content, namely that the conduct and manner of the oath taker must be sincere and solemn, and the oath and its content must accord with the wording of the oath prescribed by law and must be taken accurately, completely and solemnly. Thirdly, an oath taker is disqualified forthwith from assuming the respective public office specified in Article 104 of the Basic Law if he or she declines to take the oath. If an oath taker intentionally contravenes or desecrates the oath taking procedure and ceremony by means of conduct, words, attire or paraphernalia, etc., or intentionally alters, distorts the wording of the oath prescribed by law or reads out words which do not accord with the wording of the oath prescribed by law, such oath taking conduct shall also be regarded as not in compliance with the requirements in respect of oath taking in form or in substance. The oath so taken is invalid and the oath taker is disqualified forthwith from assuming office. As regards the situation where the non-compliance is not caused intentionally on the part of the oath taker, the oath taker may be permitted to retake the oath. Fourthly, there must be arrangement for the administration of oath. The person administering the oath has the duty to ensure the oath is taken in a lawful manner, and correspondingly, he or she also has the power to determine the validity of the oath. No arrangement shall be made for retaking the oath by a person who intentionally contravenes the requirements in respect of oath taking. Therefore, Article 2 of the Draft Interpretation stipulates: “The provisions in Article 104 of the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China that ‘when assuming office’ the relevant public officers ‘must, in accordance with law, swear [the oath]’ bear the following meaning.
【关于《全国人民代表大会常务委员会关于〈中华人民共和国香港特别行政区基本法〉第104条的解释》】相关文章:
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