TNAG-2091-FCO40-2977-Royal-Hong-Kong-Police-Force-1990 — Page 94

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

You refer to the right to retire before 1997. I can well understand that the position of your members might be untenable in the event of a complete breakdown of the arrangements envisaged under the Joint Declaration. But that is a most improbable scenario and we shall continue to work to ensure that it does not happen. The Joint Declaration provides, as I am sure you know, that public servants, including members of the police, may continue their service after 1997 with pay, allowances, benefits and conditions of service no less favourable than before. These are important stipulations, contained in an internationally binding agreement. They should not be dismissed lightly.

You ask about service beyond 1997. As regards HMOCS officers, the Government are actively considering the matters of concern to these officers. We are giving very careful thought to how we can most appropriately meet these concerns. We are not yet in a position to make an announcement but intend to do so as soon as possible. far as local officers are concerned, there will be provision for them in our nationality legislation, which we shall be presenting to Parliament very shortly.

As

As far as potential vetting problems are concerned, we would not consider service in the Hong Kong Special Administrative Region as constituting grounds for barring them from taking up a Crown appointment. We would expect other Governments to take a similar view.

You ask about conscription to the People's Liberation Army. There is no law of conscription in Hong Kong and Article 18 of the draft Basic Law, which is the authority for the application in the SAR of Chinese Laws, does not include any relevant law of the PRC.

The oath of allegiance to Her Majesty the Queen will clearly be inappropriate post-1997. Thereafter, officers may continue to serve in the Hong Kong Special Administrative Region, on the basis provided for in the

Joint Declaration.

You raise the question of right of abode in the United Kingdom for the spouses of members of your Association. All those members of the Royal Hong Kong Police Force who are British Citizens, and who were recruited in the United Kingdom, are covered by the British Citzenship (Designated Service) Order 1982. This means that the

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