Since the promulgation of the Hong Kong Basic Law, the Central Authorities and the HKSAR have all along understood and implemented the requirements under Article 104 of the Hong Kong Basic Law in the aforementioned way. When the Preparatory Committee for the HKSAR established under the National People’s Congress in 1996 (hereinafter referred to as “the Preparatory Committee”) prescribed the method for the selection of the first Chief Executive of the HKSAR, the method for the formation of the Provisional Legislative Council, and the specific method for the formation of the first Legislative Council, it provided that the candidates standing for the Chief Executive election and the Legislative Council election must uphold the Hong Kong Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China, and pledge allegiance to the Hong Kong Special Administrative Region of the People’s Republic of China. The Preparatory Committee was an authority established upon a decision of the National People’s Congress to be responsible for the preparatory task to establish the HKSAR, and its decisions and requirements have legal effect. In accordance with the Hong Kong Basic Law and the aforesaid decision of the Preparatory Committee, corresponding requirements were enacted in Section 16 of the Chief Executive Election Ordinance and Section 40 of the Legislative Council Ordinance, and have been followed in past Chief Executive elections and Legislative Council elections. In view of the fact that a situation has arisen in the course of the election for the sixth Legislative Council of the HKSAR whereby individuals openly advocating “Hong Kong Independence” stood for the election and were elected, it is necessary to make it clear that anyone who stands for election in respect of or takes up a public office specified in Article 104 of the Hong Kong Basic Law must 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. Accordingly, Article 1 of the Draft Interpretation stipulates: “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 Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China, are 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.
【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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