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Legislators believe it is both 'timely and necessary' for NPCSC to clarify Article 104 concerning oath-taking

Senior legislators on Sunday heard a report reviewing the results of a draft interpretation of Article 104 of the Basic Law of the Hong Kong Special Administrative Region.

Qiao Xiaoyang, head of the Law Committee of the National People's Congress (NPC), delivered the report at Sunday's chairpersons' meeting of the Standing Committee of the NPC (NPCSC).

Zhang Dejiang, the NPCSC chairman, presided over the meeting.

The draft interpretation was submitted to legislators for deliberation at the bimonthly session of the Standing Committee, which concludes Monday.

The meeting demanded the draft interpretation be submitted to the next chairpersons' meeting of the NPCSC, which will decide whether it should be put to a vote at the closing of the bimonthly session after further deliberation and modification.

The top legislature on Saturday deliberated a draft interpretation to Article 104 of the Basic Law.

The draft interpretation was submitted to legislators for deliberation at the third plenary meeting of the bimonthly session of the NPCSC, which will conclude Monday.

Entrusted by the chairpersons' meeting of the NPCSC, Zhang Rongshun, vice chairperson of the Legislative Affairs Commission of the top legislature, delivered an explanation of the draft interpretation, introducing the implication of the legislation and its legal principles.

In the group discussion in the afternoon, legislators believed it was both "timely and necessary" to make an interpretation to the article.

In recent years, advocacy of "Hong Kong independence" has emerged in some sections of Hong Kong society, according to a statement released after the discussion.

The statement said that some people have displayed "Hong Kong independence" flags and established "Hong Kong independence" organizations. They have even pursued violence.

A handful of Hong Kong legislators-elect violated the oath intentionally, publicly advocating "Hong Kong independence" and insulting the Chinese nation at the swearing-in ceremony for the Sixth Legislative Council of the Hong Kong SAR. After their oath-taking was declared invalid, the legislators-elect involved chose to break into the LegCo, rendering the body unable to hold normal meetings.

"These words and actions have openly challenged the Basic Law, hampered the normal operation of the authorities of the Hong Kong SAR and undermined the rule of law in Hong Kong," the statement said.

"They have hit the bottom line of the 'One Country, Two Systems' principle and posed a grave threat to national sovereignty and security," the statement said.

"If the situation is allowed to continue, the immediate interests of residents in the SAR and the development interests of the nation will be damaged," it said, stressing that the central authorities cannot afford to idly sit and do nothing.

It is in accordance with the rights provided in the Constitution of the nation and the Basic Law of the Hong Kong SAR for the Standing Committee of the NPC to give a legal interpretation in time, the statement said, adding that the draft interpretation "complies with the provisions in the Constitution and the Basic Law".

(HK Edition 11/07/2016 page8)