TNAG-2091-FCO40-2977-Royal-Hong-Kong-Police-Force-1990 — Page 70

SECRET

SECRET

FM HONG KONG

TO DESKBY 29093OZ FCO TELNO 1085

OF 290845Z MARCH 90

ADVANCE CORY

SECRET

134570 MDADAN 1894

FOR STONE, HKD FROM SHIPLEY, SCS, HONG KONG

YRTELNO 672: LETTER FROM RHKPF SUPERINTENDENTS ASSOCIATION: OATH OF ALLEGIANCE

1. WE AGREE THAT IN THE CIRCUMSTANCES YOU SHOULD ANSWER THE POINT ON THE OATH OF ALLEGIANCE AS PROPOSED IN PARA 2 OF TUR ALTHOUGH IT DOES NOT ADDRESS THE QUESTION OF WHAT HAPPENS TO OFFICERS WHO HAVE ALREADY TAKEN THE OATH.

2. THE LEGAL ADVICE YOU HAVE RECEIVED IS WORRYING. WE WOULD HAVE THOUGHT THAT THERE WAS A CLEAR DISTINCTION BETWEEN A PERSON'S DUTY OF ALLEGIANCE AS A CITIZEN AND AN OATH OF ALLEGIANCE FOR THE PERFORMANCE OF A PARTICULAR FUNCTION E.G. AS A JUDGE OR POLICEMAN. IF AFTER 1997 POLICEMAN CANNOT CEASE TO BE RESPONSIBLE TO THE CROWN FOR THE PERFORMANCE OF THEIR DUTIES THIS WILL PRODUCE A NONSENSE. IT WILL BE UNACCEPTABLE TO THE CHINESE AND WILL ADD STRENGTH TO CLAIMS BY THE POLICE THAT THEY SHOULD ALL BE GRANTED ABOLITION OF OFFICE TERMS. YOU WILL APPRECIATE THAT WE ARE NOT TALKING ABOUT A FEW BRITISH EXPATRIATES BUT THE ENTIRE POLICE FORCE.

3. WE ARE APPROACHING OUR OWN LEGAL ADVISERS ON THE ISSUE BUT WE SHOULD BE GRATEFUL IF YOU TOO COULD TAKE ANOTHER LOOK AT THE PROBLEM. THERE MUST SURELY BE SOME SENSIBLE WAY OF DIS-APPLYING THE OATH OF ALLEGIANCE.

WILSON

YYYY

ADVANCE

1

HD/HKD

NNNN

DISTRIBUTION

1

SECRET