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Oaths and Declarations (Amendment) Bill 1997
A Bill
To
Amend the Oaths and Declarations Ordinance.
Enacted by the Provisional Legislative Council.1. Short title and commencement
(1) This Ordinance may be cited as the Oaths and Declarations (Amendment) Ordinance 1997.
(2) This Ordinance comes into operation on 1 July 1997.2. Long title
The long title to the Oaths and Declarations Ordinance (Cap. 11) is amended by repealing ", to make provision for matters connected therewith, and to exercise the power conferred by section 2 of the Colonial Affidavits Act 1859" and substituting "and to provide for connected matters".3. Interpretation
(1) Section 2 is amended in the definition of "notary" by repealing "Supreme Court" and substituting "High Court".
(2) Section 2 is amended by adding -
""principal officials" (主要官員) means the principal officials of the Hong Kong Special Administrative Region Government as set out in the Basic Law.".4. Normal manner of administration of oaths
Section 5(1) is amended by repealing "or "本人謹對全能上帝(天主)宣誓，",".5. Affirmation in lieu of oath
(1) Section 7(3) is amended -
(a) in paragraph (a), by repealing "or";
(b) by repealing paragraph (b).
(2) Section 7(4) is amended -
(a) in paragraph (a), by repealing "or";
(b) by repealing paragraph (b);
(c) in paragraph (i), by repealing ", or" and substituting "."; and
(b) by repealing paragraph (ii).6. Unlawful administration of oaths
(1) Section 9(3)(b) is amended by repealing "局" and substituting "會".
(2) Section 9(3)(c) is amended by repealing "foreign country" and substituting "place outside Hong Kong".
(3) Section 9(3)(d) is amended -
(a) by repealing "foreign country" and substituting "place outside Hong Kong";
(b) by repealing "that country" and substituting "that place".
(4) Section 9(4) is amended -
(a) by repealing "foreign country" and substituting "place outside Hong Kong";
(b) by repealing "that country" and substituting "that place".7. Admissibility of notarial acts done before Chinese diplomatic and consular officers
Section 10 is amended by repealing "under section 6 of the Commissioner for Oaths Acts 1889 and 1891" and substituting "before a diplomatic or consular officer of the People's Republic of China outside the People's Republic of China ".8. Evidence for civil proceedings outside Hong Kong
Section 11 is amended -
(a) by repealing "foreign country" and substituting "place outside Hong Kong";
(b) by repealing "that country" and substituting "that place".9. Form of declaration
Section 14 is amended by repealing "First Schedule" where it appears 3 times and substituting "Schedule 1".10. Forms of Oaths
Section 16 is amended -
(a) by repealing paragraphs (a) to (e) and substituting -
"(a) the Oath of the Chief Executive;
(b) the Oath of the Principal Officials;
(c) the Executive Council Oath;
(d) the Legislative Council Oath;
(e) the Judicial Oath;
(f) the Oath of Fidelity; and
(g) the Oath of Secrecy,";
(b) by repealing "Parts I to V of the Second Schedule" and substituting "Schedule 2".11. Sections added
The following sections are added after section 16 -
"16A. Oath of the Chief Executive
(1) A person appointed or elected as the Chief Executive shall take the Oath of the Chief Executive before entering upon any of the duties of his office.
(2) The Chief Executive shall take his oath before a representative of the Central People's Government or a person authorized by the Central People's Government to administer the oath.
16B. Oath of the Principal Officials
(1) A person appointed as a principal official shall take the Oath of the Principal Officials as soon as possible after his appointment.
(2) A principal official shall take his oath before a representative of the Central People's Government or a person authorized by the Central People's Government to administer the oath.".12. Oaths of judicial officers
Section 17 is amended -
(a) by repealing "Third Schedule" and substituting "Schedule 3";
(b) by repealing "the Oath of Allegiance and";
(c) by repealing "tendered" and substituting "administered".13. Oaths of Executive Councillors
(1) Section 18(1) is amended by repealing "either the Oath of Allegiance or".
(2) Section 18(2) is repealed.
(3) Section 18(3) is amended by repealing "tendered by the Governor" and substituting "administered by the Chief Executive".14. Oath of Legislative Councillors
(1) Section 19 is amended by repealing "the Oath of Allegiance or".
(2) Section 19(a) is amended by repealing "tendered" and substituting "administered".
(3) Section 19(b) is amended by repealing "tendered" and substituting "administered".15. Oaths of Clerk and Deputy Clerk to the Executive Council
Section 20 is amended -
(a) by repealing "the Oath of Allegiance and";
(b) by repealing "tendered by the Chief Secretary" and substituting "administered by the Administrative Secretary".16. Consequence of non-compliance
Section 21 is amended by repealing "tendered" and substituting "requested".17. When Oaths need not be repeated
(1) Section 22 is amended by adding before subsection (1) -
"(1A) A principal official is not required to take the Oath of the Principal Officials if he has taken it on a previous appointment as a principal official.".
(2) Section 22(1) is amended -
(a) by repealing "Third Schedule" where it appears twice and substituting "Schedule 3";
(b) by repealing "the Oath of Allegiance or".
(3) Section 22(2) is amended -
(a) by repealing "the Oath of Allegiance or" where it appears twice;
(b) in paragraph (a), by repealing "; or" and substituting ".";
(c) by repealing paragraph (b).
(4) Section 22(3) is amended -
(a) in paragraph (a), by repealing "; or" and substituting ".";
(b) by repealing paragraph (b).
(5) Section 22(3A) is amended -
(a) by repealing "the Oath of Allegiance or";
(b) by repealing paragraph (a).
(6) Section 22(3B) is amended -
(a) by repealing "the Oath of Allegiance or";
(b) by repealing "one of the Oaths" and substituting "the Oath".
(7) Section 22(4) is amended by repealing "the Oath of Allegiance or";18. Schedules amended
(1) The First Schedule is renumbered as Schedule 1.
(2) Part I of Schedule 1 is amended by repealing "OR" and the following Chinese text.
(3) Part II of Schedule 1 is amended by repealing "OR" and the following Chinese text.
(4) Part III of Schedule 1 is amended by repealing "OR" and the following Chinese text.
(5) The Second Schedule is repealed and the following substituted -
| "SCHEDULE 2 | [ss. 16, 16A, 16B,
17, 18, 19 & 20] |
| Part I
The Oath of the Chief Executive | I
, swear that, in the office of Chief Executive of the Hong Kong Special Administrative Region of the People's Republic of China, I 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 of the People's Republic of China and serve the Hong Kong Special Administrative Region conscientiously, dutifully, in full accordance with the law, honestly and with integrity, and be held accountable to the Central People's Government of the People's Republic of China and the Hong Kong Special Administrative Region.
| (name of person making the oath)
| Part II
The Oath of the Principal Officials
| I swear that, in the office of
of the Government of the Hong Kong Special Administrative Region of the People's Republic of China, I 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 of the People's Republic of China and serve the Hong Kong Special Administrative Region conscientiously, dutifully, in full accordance with the law, honestly and with integrity.
| (name of person making the oath)
| Part III
The Executive Council Oath | I swear that, being appointed to the Executive Council of the Hong Kong Special Administrative Region of the People's Republic of China, I 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 of the People's Republic of China and serve the Hong Kong Special Administrative Region conscientiously, dutifully, in full accordance with the law, honestly and with integrity.
| (name of person making the oath)
| Part IV
The Legislative Council Oath | I swear that, being a member of the Legislative Council of the Hong Kong Special Administrative Region of the People's Republic of China, I 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 of the People's Republic of China and serve the Hong Kong Special Administrative Region conscientiously, dutifully, in full accordance with the law, honestly and with integrity.
| (name of person making the oath)
| Part V
The Judicial Oath | I swear that, in the Office of a Judge/a judicial officer of the Judiciary of the Hong Kong Special Administrative Region of the People's Republic of China, I 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 of the People's Republic of China, serve the Hong Kong Special Administrative Region conscientiously, dutifully, in full accordance with the law, honestly and with integrity, safeguard the law and administer justice without fear or favour, self-interest or deceit.
| (name of person making the oath)
| Part VI
The Oath of Fidelity | I swear that, being appointed to the Executive Council of the Hong Kong Special Administrative Region of the People's Republic of China, I will use my best endeavours to assist the Chief Executive in the long term interests of Hong Kong as a whole; that I will not, except with the authority of the Chief Executive, reveal the agenda or proceedings of the Executive Council, or any document communicated to me or any matter coming to my knowledge in my capacity as a Member of the Executive Council; that I will not seek to make or assist others to make any personal gain through the exercise of my official duties and I will be bound by and be collectively accountable for the decisions of the Executive Council.
| (name of person making the oath)
| Part VII
The Oath of Secrecy | I
, swear that, having been appointed Clerk to the Executive Council (or Deputy Clerk to the Executive Council) of the Hong Kong Special Administrative Region, I will not, except with the authority of the Chief Executive, directly or indirectly reveal the business or proceedings of the Executive Council or the nature or contents of any document communicated to me as Clerk to the Executive Council (or Deputy Clerk to the Executive Council) or any matter coming to my knowledge in my capacity as Clerk to the Executive Council (or Deputy Clerk to the Executive Council).
| (name of person making the oath)".
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(6) The Third Schedule is renumbered as Schedule 3.
(7) The heading to Part I of Schedule 3 is amended by repealing "TENDERED BY THE GOVERNOR" and substituting "ADMINISTERED BY THE CHIEF EXECUTIVE".
(8) Part I to Schedule 3 is amended by adding "Chief Judge of the High Court" before "Judge of the High Court".
(9) The heading to Part II of Schedule 3 is amended by repealing "TENDERED" and substituting "ADMINISTERED".
(10) Part III of Schedule 3 is repealed.
19. Transitional arrangements for Provisional Legislative Councillors
(1) A member of the Provisional Legislative Council shall, as soon as possible after the commencement of this section, take the Provisional Legislative Council Oath which shall be administered by the Chief Executive. The Provisional Legislative Council Oath is set out in the Schedule.
(2) The reference to the Legislative Council in section 9(3)(b) extends to the Provisional Legislative Council.
| SCHEDULE
[s. 19] | The Provisional Legislative Council Oath
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I swear that, being a member of the Provisional Legislative Council of the Hong Kong Special Administrative Region of the People's Republic of China, I 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 of the People's Republic of China and serve the Hong Kong Special Administrative Region conscientiously, dutifully, in full accordance with the law, honestly and with integrity.
| | (name of person making the oath) |
Explanatory memorandum
This Bill amends the Oaths and Declarations Ordinance (Cap. 11) to adapt the Ordinance for the purposes of the resumption of the exercise of sovereignty on 1 July 1997. The colonial oaths are repealed and appropriate oaths substituted in accordance with the Basic Law. (Clause 18). Clause 19 provides for the transitional arrangements for the Provisional Legislative Council members and their oath. The opportunity is also taken to make some minor adaptations and to bring the principal Ordinance into line with current drafting style.
2. Clause 3 defines the term "principal officials" by reference to the Basic Law.
3. Clauses 4 and 5 remove the Chinese text of some forms from the English text and the English text of some forms from the Chinese text to reflect the proper bilingual nature of the 2 texts.
4. Clauses 2, 6, 7, 8, 10, 11, 12, 13, 14, 15, 17, and 18 are primarily related to the adaptation required on the resumption of the exercise of sovereignty. Clause 7 relates to the power of diplomatic and consular officials of the People's Republic of China to administer oaths, take affidavits and affirmations and do notarial acts for the purposes of Hong Kong law outside the People's Republic of China which includes outside Hong Kong.
5. Clause 9 and some of the other clauses contain minor drafting style changes. Clause 16 and part of clause 18 removes some confusion and ambiguity that may be caused by the unusual and inconsistent use of the word "tendered" in the Ordinance.
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