Hong Kong ex-civil servant loses legal challenge over forced retirement after failing to sign oath pledging allegiance to city on time

A former Hong Kong civil servant has lost a judicial challenge over his forced retirement after he failed to submit a signed declaration pledging allegiance to the city on time.

The High Court on Thursday found the authorities’ decision to order Wong Chau-ming to “retire in the public interest” was “not arguably irrational in the public law sense”, given the way he had drawn out a response to the requirement imposed on civil servants after the national security law took effect in June 2020.

Wong was asked to return a signed declaration before February 25 that year, but the ex-civil servant with more than 25 years of experience submitted a blank form on deadline day indicating he was “unable to sign for the time being” due to “many uncertainties or implications”.

He questioned the need to sign the paper and suggested his loyalty to the civil service had been unfairly doubted. He also expressed concerns that refusing a job task would constitute a breach of the declaration.

A prolonged exchange with the authorities followed, with Wong insisting that “substance is over form” and that his intention to abide by the oath was clearly shown in his string of inquiries.

The then officer also offered to pay a “late submission fee” of HK$100 (US$13) in an attempt to solicit the authorities’ approval of his approach.

Nearly 130 civil servants fail to pledge allegiance to Hong Kong government

Wong submitted a signed declaration on August 12 after he was given a last chance to respond to his proposed retirement.

In supporting Wong’s dismissal, then permanent secretary for the civil service Ingrid Yeung Ho Poi-yan said his arguments appeared illogical, adding that putting forth the queries on the last day for returning the document “showed his insincerity in getting answers for the questions”.

On August 30, then secretary for the civil service Patrick Nip Tak-kuen ordered Wong’s retirement, with the effective date set on October 25 by the inland revenue commissioner.

In Thursday’s judgment, Mr Justice Russell Coleman found Wong had unilaterally imposed a condition for signing the written oath by asking the bureau to give a point-to-point reply to his questions about its necessity.

Oath rules extended to Hong Kong government staff on non-civil service contracts

Wong also appeared to have treated the requirement as negotiable and capable of being waived or “settled” by payment of HK$100, the judge continued.

While refraining from labelling Wong’s acts as unreasonable, Coleman said the former officer had no basis to argue the government’s allegations about his commitment to the civil service were misplaced and that it was illogical for authorities to question the genuineness of his inquiries.

“Against the lengthy correspondence, the applicant could not be left in any doubt as to the reason for the decision [on his termination] – namely that he had failed to duly sign and return the declaration within the stipulated deadline, and had failed to provide a reasonable explanation, so that the government had lost confidence in him,” the judge added.

The oath-taking requirement came into force in October 2020 after Beijing imposed the national security law on Hong Kong, which bans acts of subversion, secession, terrorism and collusion with foreign forces.

High-ranking officials take oath pledging allegiance to Hong Kong and Basic Law

The requirement aims to ensure the city’s 172,000 civil servants are loyal to the government and support its policies, including implementing the security legislation.

Civil servants are required to sign a declaration pledging to uphold the Basic Law, the city’s mini-constitution, bear allegiance to Hong Kong, be dedicated to their duties and responsible to the government.