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How Western countries ensure application of 'patriots-administering' principle

China Daily | Updated: 2021-03-31 09:09
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The United Kingdom

・ The UK sets out clear requirements for the loyalty of public servants to the country. To crack down on crimes such as secession, subversion, collusion with external forces, and disclosure of national secrets, ensure people's loyalty to the country and safeguard national security, it enacted a set of acts including the Treason Act 1351, the Treason Felony Act 1848, and the Official Secrets Act 1989. These acts apply equally to public servants. Additional penalties will be imposed if they commit crimes against national security. If a civil servant is convicted of treason, he/she will automatically forfeit his/her pension entitlements, in addition to the usual disciplinary penalties.

・ The Code of Conduct for Members of Parliament stipulates that "members have a duty to be faithful and bear true allegiance to Her Majesty the Queen, her heirs and successors" and "members have a general duty to act in the interests of the nation as a whole". The Civil Service management code also states that "civil servants are servants of the Crown and owe a duty of loyal service to the Crown as their employer".

・ The UK's oath system comprises a set of acts that covers a wide range of people. Several acts, including the Parliamentary Oaths Act 1866, the Promissory Oaths Act 1868, and the Oaths Act 1978, stipulate requirements for public servants to take oaths, including the oath of allegiance, official oath and judicial oath. Local government officials are also required to take an oath. For example, the Scotland Act 1998 provides that members of the Scottish Parliament, ministers and junior ministers are required to take the oath of allegiance and the official oath in accordance with the Promissory Oaths Act 1868. For judges, taking a judicial oath is required.

・ The UK requires that the oath shall be solemnly and publicly made. If any officer specified in the schedule declines or neglects, when any oath required to be taken by him/her under the act is duly tendered, to take such an oath, he/she shall, if he/she has already entered on his/her office, vacate the same, and if he/she has not entered on the same, be disqualified from entering on the same.

・ In the UK, the central government plays a leading role in local elections in a bid to maintain national electoral security and constitutional order. As a unitary country, the electoral system of each region is decided by the central government of the UK. The UK has enacted more than 200 acts, orders, and rules relating to the election of members of parliament, mayors, police and crime commissioners in England, Scotland, Wales and Northern Ireland. For example, with the highest-degree of autonomy, Scotland's electoral system was set by the Scotland Act passed by the UK Parliament in 1998 and amended in 2012.

・ Britain strictly restricts foreign donations to its political parties. It prescribes that political parties may accept donations above 500 pounds ($691) only from "permissible donors", which don't include foreign individuals and institutions.

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