TNAG-2091-FCO40-2977-Royal-Hong-Kong-Police-Force-1990 — Page 73

CONFIDENTIAL

FM FCO

TO DESKBY 29010OZ HONG KONG

TELNO 672

OF 28110OZ MARCH 90

CONFIDENTIAL

132746

MDHOAN 6019

Thr B 431/1

RECEIV

за

3 0 MAR 1990

DESK O

INDEX

FOR SHIPLEY (SCS) FROM STONE (HKD)

LETTER FROM RHKPF SUPERINTENDENTS ASSOCIATION: OATH OF ALLEGIANCE

1. OUR LEGAL ADVISERS HAVE COMMENTED AS FOLLOWS ON THE PARAGRAPH YOU SUGGESTED ABOUT RELEASE FROM THE OATH OF ALLEGIANCE: QUOTE 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. UNQUOTE.

2. WE WOULD BE GRATEFUL FOR YOUR COMMENTS ON THIS. ONE POSSIBLE WAY TO OVERCOME THE PROBLEM COULD BE SIMPLY TO SAY QUOTE THE OATH OF ALLEGIANCE TO HER MAJESTY THE QUEEN WILL CLEARLY NOT BE APPROPRIATE POST 1997. THEREAFTER OFFICERS MAY CONTINUE TO SERVE IN THE HONG KONG SPECIAL ADMINISTRATIVE REGION ON THE BASIS PROVIDED FOR IN THE JOINT DECLARATION. UNQUOTE.

3.

AS WE WISH TO ISSUE REPLIES TO THE VARIOUS LETTERS FROM THE STAFF ASSOCIATIONS BEFORE MR MAUDE ARRIVES IN HONG KONG, GRATEFUL FOR YOUR ADVICE DESKBY 29093OZ.

HURD

YYYY

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