Declaration Requirement for Government Staff appointed on Non-Civil Service Terms
Article 6 of “The Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region”, which was enacted and promulgated in Hong Kong on 30 June 2020 and came into effect at 11 p.m. on 30 June 2020, stipulates that “[a] resident of the [HKSAR] who stands for election or assumes public office shall confirm in writing or take an oath 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 in accordance with the law”.
It has consistently been the duty of public servants to be dedicated to their duties and be responsible to the Government of the Hong Kong Special Administrative Region of the People’s Republic of China (“HKSAR Government”) under Article 99 of the Basic Law.
The Civil Service Bureau issued a circular in May 2021 requiring government staff appointed on non-civil service terms on or after 1 July 2020 to sign a declaration to declare 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 of the People’s Republic of China, be dedicated to their duties and be responsible to the HKSAR Government.
The requirement of declaration by government staff appointed on non-civil service terms is an open acknowledgement of the acceptance and a genuine manifestation of the responsibilities of and expectations on them, which will further safeguard and promote the core values that should be upheld by all government employees, and ensure the effective governance of the HKSAR Government.
Content of the Declaration
For serving non-civil service staff of the government whose employment contract commenced on or after 1 July 2020
I declare that, as an employee of the Government of the Hong Kong Special Administrative Region of the People’s Republic of China appointed on non-civil service terms, 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, be dedicated to my duties and be responsible to the Government of the Hong Kong Special Administrative Region.
Content of the Declaration
For prospective non-civil service appointees of the government
I declare that, being appointed as an employee of the Government of the Hong Kong Special Administrative Region of the People’s Republic of China on non-civil service terms, 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, be dedicated to my duties and be responsible to the Government of the Hong Kong Special Administrative Region.