For discussion on 3 June 1986
CONFIDENTIAL
PA Oaths
XCC (86)100 28
Copy No..
MEMORANDUM FOR EXECUTIVE COUNCIL
Oaths and Declarations Ordinance (Chapter 11)
OATHS AND DECLARATIONS (AMENDMENT) BILL 1986
A
Introduction
The purpose of this memorandum is to seek approval introduction into the Legislative Council of the Oaths
for the and Declarations (Amendment) Bill 1986 (Annex A).
Background
2
On 16 April 1985, having considered memorandum XCC (85)38, the Council advised and the Governor ordered that the Oaths and Declarations (Amendment) Bill 1985 should be introduced into the Legislative Council. This Bill provided an alternative to the Oath of Allegiance, known as the Legislative Council Oath, so that new Members of the Legislative Council were not required to swear unconditional fealty to Her Majesty The Queen (as in the Oath of Allegiance). It thereby removed a potential deterrent to service in the Legislative Council by people who were otherwise suitable. Following enactment of the Bill in May 1985, all but one of those Unofficials who joined the Legislative Council in October 1985 opted to take the new Legislative Council Oath rather than the Oath of Allegiance.
Proposals
3
is
The 1985 enactment made no changes to the procedures whereby, on appointment, a Member of the Executive Council required to take the Oath of Allegiance and the Oath of Fidelity. This was not considered necessary at the time.
4
Now, however, the question has arisen of whether Unofficial Legislative Councillors who took the Legislative Council Oath
Oath rather than the Oath of Allegiance might be deterred from accepting appointment to the Executive Council if they were required on appointment to take the Oath of Allegiance. In order to avoid otherwise suitable people being deterred from accepting appointment, it is proposed that a Executive Council Oath, similar in form to the Legislative Council Oath, should be introduced:
HKK 011/10
RECEIVEL
1 1 JUN 1986
INDEX
ISTRY
Ction Taken
A CONFIDENTIAL