HK Oath-taking Bill Threathens Judicial Independence

Hong Kong's stricter patriotic loyalty test, the newly proposed law for politicians in the country, could also include city judges, is said to further threaten its judicial independence from the Chinese government's control, legal scholars, lawyers, and diplomats said.

The described prohibited unpatriotic acts in the so-called "negative list," under the said Oath-taking Bill, are said to be too vague and could give intense pressure to judges if their rulings would seem to be challenging the Hong Kong government.

A professor at the University of Hong Kong law school, Simon Young, said that some elements of the Bill's vague nature of the negative list would possibly spark scrutiny and complaints from Hong Kongers.

The said Bill is part of the Chinese and Hong Kong government's new drive to make sure that only "Patriots" will govern the city. It was launched last month and will be debated in the legislator of the city this week.

The independent judiciary of the city and the legal system based on common-law has long been the bedrock of which Hong Kong's international financial status and freedoms are built. The judiciary and legal system have grown in importance since the sweeping national security law was imposed in June.

Critics, including businessmen, diplomats, and activists, say that as the different institutions in Hong Kong like the legislature, local media, and academia are starting to crumble, the judiciary will still remain as the key check against China's tightening authoritarian grip on the free city.

The said Bill, which much involves various ways that the legislators and district councilors from the community level could be disqualified if their oaths are said to be insincere. In that way, the mass disqualification of pro-democracy politicians is threatening elections. In the 2019 district polls, the pro-democracy politicians humiliated the pro-Beijing party when they won by a landslide.