Mr Stone, HKD
CONFIDENTIAL
From:
Paul Fifoot
Legal Advisers
Date: 27 March 1990
CC
Mr Morris, HKD Mr Whomersley
Ms Barrett
LETTER FROM SUPERINTENDENTS ASSOCIATION: ROYAL HONG KONG POLICE FORCE
I have the following comments on the draft attached to your letter of 20 March to Mr Fish:-
Paragraph 4: I think the words "at this stage" in the penultimate sentence, and the last sentence, are unnecessary hostages for the future and should be deleted.
Paragraph 5: The draft is satisfactory so far as the present Hong Kong Administration is concerned. It is necessary, however, to be careful about making statements which relate to an indeterminate future since, although we may be able to state what is in the Joint Declaration and in the Basic Law, we cannot make a future statement as to the actions or intentions of the SAR Administration. In general, therefore, we need to avoid any statement which starts on the lines of 'the position will be....'; the more prudent line will be 'the Basic Law provides....'.
Paragraph 7: The third sentence states that members of the Police Force will be released from their oath of allegiance. I am not aware of the authority for this statement and, indeed, it is meaningless so far as British citizens are concerned. A British citizen owes allegiance to the Crown which is inseperable from his citizenship. The fact that he may, on taking up a particular office, take an oath of allegiance adds nothing to his duty of allegiance. The only way he may be released from his duty of allegiance is by ceasing to be a British citizen on renunciation. In any event, I am not aware, nor is the Legal Adviser to the Home Office, of any provision or authority for releasing persons from an oath of allegiance.
Paragraph 8: I would suggest you leave the words "on the details of the compensation arrangements being considered" as they will raise further expectations of a compensation scheme comparable to past schemes.
DMEAAI
CONFIDENTIAL.
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