In June 1984, Comrade Deng Xiaoping clearly pointed out, “There must be a limit and standard for Hong Kong people administering Hong Kong, that is, the main body of Hong Kong people administering Hong Kong must be patriots”. As to who is a patriot, Comrade Deng Xiaoping pointed out that, “The standard required of a patriot is to respect his or her own nation, and to sincerely and faithfully support the motherland’s resumption of exercise of sovereignty over Hong Kong, and not to impair Hong Kong’s prosperity and stability.” The principle that the main body of Hong Kong people administering Hong Kong are to be patriots runs through the requirements regarding the Chief Executive, and the composition of executive authorities, the legislature, and the judiciary stipulated in the Hong Kong Basic Law. One of those important requirements is: The Chief Executive, principal officials, members of the Executive Council, members of the Legislative Council, judges of the courts at all levels, and other members of the judiciary must uphold the Hong Kong Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China and bear allegiance to the Hong Kong Special Administrative Region of the People’s Republic of China. In the course of the drafting of the specific provisions of the Hong Kong Basic Law, this requirement was combined with the prevailing regime on oath taking upon assumption of office in Hong Kong to form the provisions of Article 104 of the Hong Kong Basic Law, namely, “When assuming office, the Chief Executive, principal officials, members of the Executive Council and of the Legislative Council, judges of the 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.” Therefore, “to uphold the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China” and to bear “allegiance to the Hong Kong Special Administrative Region of the People’s Republic of China” as stipulated by Article 104 of the Hong Kong Basic Law, are the legal content which must be included in the oath prescribed by the Article, as well as the legal requirements and preconditions for standing for election in respect of or taking up the public office specified in the Article.
【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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