COVERING SECRET
HK3 4311 низ
TRY
IL 1990
From:
Paul Fifoot Legal Advisers
Mr Stone, HKD
写
Date: 19 June 1990
56
RHKPF SUPERINTENDENTS' ASSOCIATION
1.
When this matter was first raised it was in the context of an oath of allegiance and I advised you in my minute of 27 March that it was meaningless to suggest that, so far as British citizens are concerned, they could be released from their duty of allegiance except by ceasing to be British citizens. I subsequently drew your attention to the fact that under the Police Force Ordinance what was referred to was not an oath of allegiance but an oath of office and you drew that to Hong Kong's attention.
2.
The present letter refers to an oath of office.
In my view that oath will lapse when the Crown ceases to have jurisdiction in Hong Kong and the Police Force ceases to be a police force under the Crown. I therefore agree with the penultimate paragraph of paragraph 2(a) of Mr Allan's minute. I do not agree with the final paragraph of paragraph 2(a) so far as British subjects are concerned, since their allegiance is personal and their duty of allegiance will continue. So far as persons who are not British subjects are concerned, any duty that they may have derived from allegiance would be purely territorial and therefore they would cease to owe that duty once the Crown ceases to enjoy jurisdiction in Hong Kong. There is an, interesting question as to the position of British Nationals (overseas) but this minute is not the place to explore that.
3.
As regards abolition of office, the Pensions Ordinance does not appear to define or describe that expression. However, I think one would need compelling arguments, of which I am not aware, to come to the view that it extends to a continuance of employment where there is a succession of States or employer. It is relevant that both the Joint Declaration and the Basic Law provide for a continuance of employment ("may all remain in employment"). I therefore agree with what Mr Allan says in paragraph 2(b) of his minute.
Paul Fifoot
2PFAAU
COVERING SECRET