New civil-servant oath requirement sparks fears of punishment over social media remarks
A new arrangement that requires civil servants to take an oath or sign a document announcing their loyalty has sparked fears of punishment over remarks made on social media.
The government will issue a notice as early as next month demanding civil servants who started their jobs on or after July 1 to pledge to uphold the Basic Law and pledge loyalty to the Hong Kong Special Administrative Region. Representatives from several related unions and organizations have met with Secretary for the Civil Service Patrick Nip to seek answers over the new arrangement.
Federation of Civil Service Unions Chairperson Leung Chau-ting said he was “even more worried” after meeting with Nip. The government said social media platforms such as Facebook were considered public platforms, and those who make speeches against government policies on their private accounts would be punished, Leung told a RTHK talk show on Friday.
The standards for what constitutes violations of the oath were still vague, said Leung. Many civil servants were concerned about being criminally prosecuted for their words and have started to self-censor, he added.
Under Article 6 of the national security law, Hong Kong residents shall confirm in writing or take an oath to uphold the Basic Law and swear allegiance to the Hong Kong SAR when they assume public office, but there is no mention of the arrangement for incumbent civil servants, Leung said. If incumbent civil servants are forced to take the pledge, it could be considered a violation of their contracts, and the government should clarify if there will be any punishments should they refuse to take the oath, Leung added.
The oath requirement has scared many from joining the government, Leung said. Some positions that would have received more than 30,000 applications in the past have seen fewer than 20,000 applicants this year.
Nip told reporters on Friday that most of the civil-servant groups agreed with the new requirement.
He said civil servants should stick with government policies in accordance with their guidelines, and private remarks made by civil servants on social media may become public and have an impact on society. Civil servants should not commit any acts that the public may misunderstand as conflicting with government positions, but if they did, they would be subject to a fair appeal process, Nip added.
The most severe outcome for civil servants would be that they are seen to be violating the national security law and would thus be fired, Nip said. The government will review the cases in other circumstances and impose appropriate punishments.
The government is still conducting a consultation as to the oath-taking procedures for incumbent civil servants, Nip said.
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