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 government employee, Wong Chau-ming, was forced to retire after failing to sign a declaration of loyalty to the city. He took the matter to court, but the High Court ruled against him. The court found that the government's decision to make him retire was not irrational, considering his delayed response to the requirement. This requirement was introduced after the national security law was enacted in June 2020. Wong, who previously worked as an assistant taxation officer with the Inland Revenue Department, was ordered to leave his post in August 2021. The Civil Service Bureau accused him of neglecting, refusing, or failing to sign the oath without a valid reason. The oath-taking rule was implemented in October 2020 following the introduction of the national security law. Wong was asked to return a signed declaration by February 25 of that year. However, he submitted a blank form on the deadline day, stating he was unable to sign due to many uncertainties. He questioned the necessity of signing the declaration and felt his loyalty to the civil service was being unfairly doubted. He also expressed concerns that refusing a job task would constitute a breach of the declaration. A lengthy exchange with the authorities ensued, with Wong insisting that his intention to abide by the oath was evident in his inquiries. He even offered to pay a late submission fee of HK$100 (US$13) in an attempt to gain the authorities' approval. Wong eventually submitted a signed declaration on August 12 after being given a final opportunity to respond to his proposed retirement. Ingrid Yeung Ho Poi-yan, the then permanent secretary for the civil service, supported Wong's dismissal. She found his arguments illogical and believed his last-minute queries showed his insincerity in seeking answers. On August 30, Patrick Nip Tak-kuen, the then secretary for the civil service, ordered Wong's retirement. The effective date was set on October 25 by the inland revenue commissioner. In the judgment, Mr. Justice Russell Coleman found that Wong had imposed a condition for signing the oath by asking the bureau to answer his questions about its necessity. Wong also seemed to have treated the requirement as negotiable and capable of being waived or settled by a payment of HK$100. While not labeling Wong's actions as unreasonable, Coleman stated that Wong had no basis to dispute the government's allegations about his commitment to the civil service. He added that Wong could not have been in any doubt about the reason for his termination - his failure to sign and return the declaration within the deadline and his inability to provide a reasonable explanation. The oath-taking requirement was introduced in October 2020 after Beijing imposed the national security law on Hong Kong. The law bans acts of subversion, secession, terrorism, and collusion with foreign forces. The requirement aims to ensure the city's 172,000 civil servants are loyal to the government and support its policies, including the implementation of the security legislation. Civil servants are required to sign a declaration pledging to uphold the Basic Law, bear allegiance to Hong Kong, be dedicated to their duties, and be responsible to the government. Nearly 130 civil servants reportedly failed to sign the oath, with most of them facing dismissal after a period of suspension. The same judge previously dismissed a similar challenge by a former environmental protection inspector, who signed the declaration with a Chinese idiom to express his dissatisfaction with the requirement.