The requirement that government employees swear allegiance to Hong Kong has been expanded to foreigners teaching English at some local schools. They were told that they risk losing their jobs if they decline.

The requirement applies to Native English Teachers (NETs) working in government schools – a type of public sector school run by Hong Kong’s Education Bureau (EDB). NETs whose contracts commenced on or after July 1, 2020, the first day that the national security law was in place, are obliged to make the declaration.

china flag hong kong
A student holds a Chinese and Hong Kong flag during a flag-raising ceremony to mark China’s National Day. File Photo: Isaac Lawrence/AFP.

Responding to an HKFP enquiry, the EDB confirmed that teachers employed at government schools under the scheme and advisors in the bureau were informed of the requirement to sign the declaration last Tuesday.

Signed declarations must be returned by June 21. In the event of “neglect, refusal or failure to duly sign,” the EDB will, “based on the facts of each case, initiate action to terminate the employment… in accordance with the relevant terms of his/her employment contract.”

HKFP has asked the EDB whether the requirement will be extended to those employed at other types of public sector schools, such as aided and Direct Subsidy Scheme schools.

NET Scheme teacher
NET Scheme. Photo: GovHK.

A NET teacher employed at a government school said they had been given a “stack” of papers explaining the requirement as well as the declaration form itself, which was seen by HKFP.

The teacher told HKFP they were “not happy” about having to sign it, adding that the move was as if the authorities were “treating us as foreign agents who might instil dangerous ideas into the mind of Hong Kong youngsters.”

The declaration in full – click to view

I declare that, as an employee of the Government of the Hong Kong Special Administrative Region of the People’s Republic of China appointed on non-civil service terms, I will uphold the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China, bear allegiance to the Hong Kong Special Administrative Region of the People’s Republic of China, be dedicated to my duties and be responsible to the Government of the Hong Kong Special Administrative Region.

The chairperson of the Native English Speaking Teachers’ Association, or NESTA, declined to comment. He abruptly ended the call when HKFP reached out on Thursday. Meanwhile, a media request left on a NET forum was deleted.

The NET scheme recruits English teachers, largely from abroad, to teach at public sector schools. According to the Education Bureau’s website, NETs are employed on two-year contracts, normally starting in mid-August. The starting rate for NET’s monthly salary is at point 15 of the civil servants pay scale – HK$31,750.

‘A basic responsibility’

Following the passing of the national security law in 2020, authorities gradually rolled out requirements for government employees to take an oath or make a declaration to uphold the Basic Law, Hong Kong’s mini constitution; bear allegiance to Hong Kong; and be responsible to the Hong Kong government.

The Civil Service Bureau announced in October 2020 that civil servants appointed after the enactment of the legislation would be required to take pledge their loyalty.

“Upholding [the Basic Law] and swearing allegiance are a basic responsibility and requirement. A confirmation of such a basic requirement is a fundamental requisite for civil servants,” Secretary for Civil Service Patrick Nip said in November 2020.

Patrick Nip.
Patrick Nip. Photo: RTHK Screenshot.

The requirement was later broadened to include civil servants appointed before the security law came into force.

Then, last May, authorities announced that government staff employed on a contractual basis – meaning they are not on civil service terms – would also need to sign the declaration.

The national security law, passed by Beijing’s top legislative body, was enacted in Hong Kong on June 30, 2020. It followed months of protests in the summer of 2019, when Hongkongers took to the streets to oppose a controversial extradition bill. The legislation criminalised subversion, secession, collusion with foreign forces and terrorist acts.

YouTube video

HKFP has reached out to the UK, US, Canadian and Australian consulates about whether the taking of the declaration would have any effect on citizenship.

Support HKFP  |  Policies & Ethics  |  Error/typo?  |  Contact Us  |  Newsletter  | Transparency & Annual Report | Apps

TRUST PROJECT HKFP
SOPA HKFP
IPI HKFP

Help safeguard press freedom & keep HKFP free for all readers by supporting our team

press freedom day hkfp
contribute to hkfp methods
YouTube video

Support press freedom & help us surpass 1,000 monthly Patrons: 100% independent, governed by an ethics code & not-for-profit.

Hillary Leung is a journalist at Hong Kong Free Press, where she reports on local politics and social issues, and assists with editing. Since joining in late 2021, she has covered the Covid-19 pandemic, political court cases including the 47 democrats national security trial, and challenges faced by minority communities.

Born and raised in Hong Kong, Hillary completed her undergraduate degree in journalism and sociology at the University of Hong Kong. She worked at TIME Magazine in 2019, where she wrote about Asia and overnight US news before turning her focus to the protests that began that summer. At Coconuts Hong Kong, she covered general news and wrote features, including about a Black Lives Matter march that drew controversy amid the local pro-democracy movement and two sisters who were born to a domestic worker and lived undocumented for 30 years in Hong Kong.