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employment under the Crown to take the Oath of Allegiance does not apply to the Colonies. conditions precedent or subsequent to the attainment of any Office. The Governor has power under his Instructions to administer the Oath of Allegiance.
Section 13 of
In
Hong Kong the taking of promissory Oaths is regulated by Ordinance No.44 of 1869 which specifies to any the Officers who must take Oaths and the form of such Oaths. It would seem that the new form of Oath prescribed by the Ordinance applies only to certain specified Offices or to cases where before the passing of the Ordinance the taking of the Oaths of Allegiance, Supremacy and Abjuration were required.
The Governor may think it fit to make it a condition in future to the attainment of any appointment made in the Colony that the Candidate should take the Oath, but in my opinion it is not incumbent upon His Excellency to do so or to administer the Oath to the present Legislative Employes of Government.
(Signed) Julian Pauncefote, Attorney General.
25
(Queens) College Smith, Hong Kong, 21 February 1872. Acting Colonial Secretary.