Cap. 1activeordinance

Interpretation and General Clauses Ordinance

釋義及通則條例

Full legislation

s.3AA

References to upholding Basic Law and bearing allegiance to HKSAR

(1)
For the purposes of an Ordinance, a person upholds the Basic Law and bears
                allegiance to the Hong Kong Special Administrative Region of the People’s Republic
                of China if the
person—
(a)
upholds the constitutional order of the Hong Kong Special Administrative
                    Region established by the Constitution of the People’s Republic of China and the
                    Basic Law;
(b)
upholds the national sovereignty, unity, territorial integrity and national
                    security of the People’s Republic of China;
(c)
upholds—
(i)
the fact that the Hong Kong Special Administrative Region is an
                        inalienable part of the People’s Republic of China;
(ii)
the People’s Republic of China’s exercise of sovereignty over the Hong
                        Kong Special Administrative Region; and
(iii)
the Central Authorities’ exercise of governance over the Hong Kong
                        Special Administrative Region under the Basic Law;
(d)
upholds the implementation of “one country, two systems” principle, and
                    safeguards the political structure of the Hong Kong Special Administrative
                    Region;
(e)
upholds the objective to maintain the prosperity and stability of the Hong
                    Kong Special Administrative Region within the framework of the Basic Law;
                    and
(f)
is loyal to, and safeguards the interests of, the Hong Kong Special
                    Administrative Region.
(2)
In subsection (1), a reference to uphold is a reference to intend to genuinely
                and truthfully observe, support, maintain and embrace, and genuinely and truthfully
                observe, support, maintain and embrace in words and deeds.
(3)
For the purposes of an Ordinance, a person does not uphold the Basic Law and
                bear allegiance to the Hong Kong Special Administrative Region of the People’s
                Republic of China when the person does, or intends to do, any of the
following—
(a)
commits acts or carries out activities that endanger national security,
including—
(i)
commits an act required by Article 23 of the Basic Law to be
                        prohibited;
(ii)
commits an offence under the Law of the People’s Republic of China on
                        Safeguarding National Security in the Hong Kong Special Administrative
                        Region (a translation of “《中華人民共和國香港特別行政區維護國家安全法》”); and
(iii)
commits an offence relating to endangering national security under an
                        enactment or under the common law;
(b)
refuses to recognize the People’s Republic of China’s sovereignty over the
                    Hong Kong Special Administrative Region and the exercise of the sovereignty,
                    including objecting to the performance of duties and functions by the body of
                    central power in accordance
with—
(i)
the Constitution of the People’s Republic of China;
(ii)
the Basic Law; or
(iii)
the Law of the People’s Republic of China on Safeguarding National
                        Security in the Hong Kong Special Administrative Region (a translation of
                        “《中華人民共和國香港特別行政區維護國家安全法》”);
(c)
refuses to recognize the constitutional status of the Hong Kong Special
                    Administrative Region as a local administrative region of the People’s Republic
                    of China;
(d)
advocates or supports “Hong Kong independence”,
including—
(i)
pursues, promotes or implements “independence and state-building” of
                        Hong Kong;
(ii)
participates in an organization the object of which is “Hong Kong
                        independence”;
(iii)
pursues, promotes or implements an activity for “self-determination of
                        sovereignty or jurisdiction”, “referendum” or “devising constitution by all
                        people”, or participates in an organization the object of which is
                        “self-determination”; and
(iv)
pursues or promotes the reign over Hong Kong to be transferred to a
                        foreign country;
(e)
solicits interference by foreign governments or organizations in the
                    affairs of the Hong Kong Special Administrative Region;
(f)
commits acts that undermine or have a tendency to undermine the order of the
                    political structure led by the Chief Executive, contained in the Basic Law,
including—
(i)
compels or overawes the Chief Executive by any unlawful means to change
                        a policy, or a motion to be submitted to the Legislative Council for
                        consideration;
(ii)
indiscriminately objects to the Government’s motion, and with
this—
(A)
intends to threaten the Government;
(B)
intends to render the Government incapable of performing its duties
                            and functions as normal; or
(C)
intends to force the Chief Executive to step down and to overthrow
                            the Government; and
(iii)
makes use of an election held by the Government to organize or
                        implement, or to incite another person to organize or implement, a “de facto
                        referendum” in any form to confront the Central People’s Government and the
                        Government;
(g)
commits acts that undermine or have a tendency to undermine the overall
                    interests of the Hong Kong Special Administrative Region;
(h)
desecrates the national flag or national emblem, or regional flag or
                    regional emblem, by publicly and wilfully burning, mutilating, scrawling on,
                    defiling or trampling on it;
(i)
insults or disrespects the national anthem or any other symbol and sign of
                    national sovereignty.
(4)
For the purposes of an Ordinance, this section does not limit the meaning of a
                reference to upholding the Basic Law and bearing allegiance to the Hong Kong Special
                Administrative Region of the People’s Republic of China.