TNAG-1454-FCO40-1976-Hong-Kong-oath-taken-by-members-of-Executive-and-Legislative-1986 — Page 37

GRS 400

CONFIDENT HAL

FM HONG KONG

Confidential

HKKO'S

RECEIVED IN

STRY

24 JUN 1986

TO IMMEDIATE FCO

TELNO 1625

DE

ZA

Taken

OF 2806OOZ MAY 86

AB:2416

TOP CO

MY TELNO 1462 : OATHS OF ALLEGIANCE : EXECUTIVE COUNCIL

1. THERE IS NOW LITTLE TIME IN THIS SESSION FOR ENACTING A BILL

TO PROVIDE FOR AN ALTERNATIVE OATH. WOULD THEREFORE LIKE TO CONSULT

THE EXECUTIVE COUNCIL WITH THE TEXT OF A DRAFT BILL AT THE MEETING ON 3 JUNE. THIS TIMETABLE WOULD ALSO ENABLE ME TO SOUND OUT THOSE

WHOM PROPOSE TO APPOINT TO THE EXECUTIVE COUNCIL BEFORE DEPART

FOR THE USA ON 10 JULY.

2. IT IS MY INTENT HON AT THIS STAGE TO PROVIDE AN ALTERNATIVE FORM

OF OATH FOR EXECUTIVE COUNCILLORS ONLY, (NOT FOR JUDICIAL OFFICERS

OR OFFICIALS). ON THIS BASINS THE PROPOSED OATH IS:

‚ SWEAR THAT I WILL UPHOLD THE LAW OF HONG KONG,"

AND THAT I WILL CONSCIENTIOUSLY AND TRULY SERVE THE PEOPLE OF

HONG KONG AS A MEMBER OF THE EXECUTIVE COUNCIL. SO HELP ME GOD.''

EXCEPT FOR THE REFERNNCE TO THE EXECUTIVE COUNCIL," THIS IS IDENTICAL

TO THE LEGISLATIVE COUNCIL OATH INTRODUCED LAST YEAR.

3. ON PUBLICATION OF THE BALL IN THE GAZETTE (LIKELY TO BE ON 13

JUNE), WE WOULD SAY THAT, IN ORDER TO ENSURE AS WIDE A FIELD OF CAND NDATES AS POSSIBLE FOR APPOINTMENT TO THE EXECUTIVE COUNCIL

TWO OATHS WILL IN FUTURE BE AVAILABLE FOR USE, THE PRESENT ONE AND AN ALTERNATIVE WHICH DOES NOT CONTAIN AN OATH OF ALLEGIANCE TO THE

QUEEN. THE PROPOSAL FOR THE NEW OATH FOLLOWS LOGICALLY FROM THE

INTRODUCTION LAST YEAR OF AN ALTERNATIVE FORM OF OATH FOR MEMBERS

OF THE LEGISLATIVE COUNCIL. THAT OATH WAS WELL RECEIVED AND IT WAS

PREFERRED BY THE LARGE MAJORITY OF THOSE WHO ENTERED THE

LEGISLATIVE COUNCIL FOR THE FØRST TIME LAST OCTOBER.

4. GRATEFUL FOR CONFIRMATION DESKBY 30020OZ THAT THE TEXT OF THE

PROPOSED OATH AND THE PR L'ONE IS ACCEPTABLE AT OFFICIAL LEVEL. OF THE APPROVAL OF MINISTERS AND THE PALACE CANNOT BE OBTAINED

BEFORE THE EXCO MEETING ON 3 JUNE WE WOULD MAKE IT CLEAR TO

MEMBERS THAT AGREEMENT TO HINTRODUCE THE BILL INTO LEGCO S

CONDITIONAL ON MINISTERIAL AND ROYAL APPROVAL. HIT WOULD BE

HELPFUL TO KNOW WHEN THIS APPROVAL MIGHT BE OBTAINED.

YOUDE

HONG KONG AGREEMENT: RESTRICTED

LIMITED

HD/HKD

COPIES TO:

MR FIFOOT, LEGAL ADVISERS

HD/FED

RESEARCH D (FE)

DEP/HD PUSD PS/MR RENTON MR WILSON

Confidential

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