In accordance with section 34(1)(b) of the District Councils Ordinance, a person is not validly nominated as a candidate for the District Council election unless he or she, as part of the statutory nomination procedure, makes a declaration in the nomination form to the effect that he or she will uphold the Basic Law and pledge allegiance to the HKSAR.

"Upholding the Basic Law is a basic legal duty of a District Council member. If a person advocates or promotes self-determination or independence by any means, he or she cannot possibly uphold the Basic Law or fulfil his or her duties as a District Council member," said the spokesman.

The HKSAR government supports the making of decisions on the validity of nomination by the Returning Officers in accordance with the law. The Returning Officers have the duty as well as power to make those decisions according to the relevant electoral laws, the spokesman said.

"Decisions made by the Returning Officers aim to ensure that the District Council election is held in strict accordance with the Basic Law and other applicable laws in an open, honest and fair manner," the spokesman said, stressing that "there is no question of any political censorship, restriction of the freedom of speech or deprivation of the right to stand for elections as alleged by some members of the community."