9 Oct 2024法庭線#4133
公務員宣誓｜郵局職員表格加字句被裁宣誓無效、勒令退休 不服決定申司法覆核許可被拒
In early 2021, the Civil Service Bureau required civil servants to take an oath or sign a declaration upholding the Basic Law and pledging allegiance to the Hong Kong SAR. A Post Office employee who had joined nearly 30 years earlier added the words “but questioning whether the above declaration is suitable for use by Hongkong Post” to the oath declaration. The declaration was ruled invalid, and the authorities ordered him to retire early in the public interest. Dissatisfied with the decision, he applied to the High Court for leave to seek judicial review. On Wednesday (9th), Judge Ko Ho-man handed down his judgment refusing leave for judicial review.
The applicant argued that he had duly signed and submitted the oath form, that the words he added did not alter the substance of the oath, and that the punishment imposed by the bureau was excessive. The judge said that, given the number of civil servants, it was reasonable for the bureau to accept only one form of oath. The form also clearly stated that it would be invalid if the declaration’s content was changed, added to or deleted. In view of the delay in the application and the lack of a reasonable prospect of success, the judge refused to grant leave.
2021 年初，公務員事務局要求公務員宣誓，或簽署聲明擁護《基本法》及效忠香港特區。一名入職近 30 年的郵局職員，於宣誓聲明上自行加上字句「但質疑以上聲明是否適合香港郵政使用」，被評為宣誓無效，遭當局以公眾利益為由，勒令提早退休。他不滿局方決定，入稟高院提司法覆核，法官高浩文周三（9 日）頒下判詞，拒批司法覆核許可。
申請方指，他已簽妥並呈交宣誓表格，而且他所添加的字句並無更改宣誓內容，局方的懲罰過重。法官則指，考慮到公務員數量，局方只接受一種宣誓表格合情合理。表上亦清晰列明，如對聲明內容作出更改、增加或刪減，即告無效。考慮其申請有延誤，理據亦無合理勝訴機會，拒絕批出許可。
19 Oct 2023獨媒#8517
逾時半年簽署公務員表忠聲明 稅務主任被著令提早退休 司法覆核遭駁回
In January the year before last, the Civil Service Bureau required civil servants to sign a declaration or take an oath to uphold the Basic Law and pledge allegiance to the Hong Kong Special Administrative Region Government. On the final day of the deadline, an Assistant Taxation Officer who had served in the Inland Revenue Department for 25 years wrote to enquire about the necessity of the declaration and how a breach of it would be defined. He submitted the signed declaration about six months later and was ultimately ordered by the Secretary for the Civil Service to retire early. He applied for judicial review, alleging procedural unfairness and seeking to overturn the Secretary’s decision. The High Court handed down its written judgment today (19th), ruling that the applicant had failed to provide a reasonable explanation for signing late and that the Government had lost confidence in his ability to adhere to the core tenets of the civil service. It therefore found the Secretary’s decision reasonable and dismissed the judicial review, ordering the applicant to pay the Department of Justice’s legal costs.
公務員事務局於前年1月要求公務員簽署聲明或宣誓擁護《基本法》及效忠特區政府，一名入職稅務局25年的助理稅務主任在限期最後一天去信查問聲明必要性及如何界定違反聲明。他在約半年後提交簽妥的聲明，最終被公務員事務局局長著令提早退休。他遂申請司法覆核，指程序上有不公之處，要求推翻局長的決定。高院今（19日）頒下書面判決，指申請人未能就遲簽提供合理解釋，政府對他能否恪守公務員核心信條失去信心，因此局長的決定合理，遂駁回司法覆核，申請人須向律政司一方支付訟費。
4 Oct 2023獨媒#8443
查問擁護基本法聲明必要性兼逾期簽署 被著令提早退休 前助理稅務主任申司法覆核
In January the year before last, the Civil Service Bureau required civil servants to sign a declaration or take an oath to uphold the Basic Law and pledge allegiance to the HKSAR Government. An assistant tax officer who had worked in the Inland Revenue Department for 25 years wrote to the bureau on the final day of the deadline to question the necessity of the declaration and how a breach of it would be defined. He submitted the signed declaration about six months later, and was eventually ordered to retire early by the Secretary for the Civil Service. He then applied for judicial review, asking the High Court to quash the secretary’s decision. The High Court heard the case today (4th); after hearing submissions from both sides, Judge Ko Ho-man said he would hand down his decision on 17 November.
公務員事務局於前年1月要求公務員簽署聲明或宣誓擁護《基本法》及效忠特區政府，一名入職稅務局25年的助理稅務主任在限期最後一天去信查問聲明必要性及如何界定違反聲明。他在約半年後提交簽妥的聲明，最終被公務員事務局局長著令提早退休，他遂申請司法覆核，要求高院撤銷局長的決定。高院今（4日）召開聆訊處理，法官高浩文聽畢雙方陳詞後，表示押後至11月17日宣布決定。
Translations are supplied by the source workbook. Consult the original reporting for context.
