TNAG-2092-FCO40-2978-Royal-Hong-Kong-Police-Force-1990 — Page 26

Mrs C Willis

Civil Service Branch

Hong Kong Government Hong Kong

Dear Carrie

CONFIDENTIAL

B 431/1

60

ALL

FILE

hy his 431

4311

SIPALB

3 July 1990

LETTER FROM RHKPF SUPERINTENDENTS' ASSOCIATION: OATH OF OFFICE

1.

ASSOCIA

Thank you for your letter of 7 June ref 9 in AP 293/61-C (89). Our Legal Advisers have now considered your Legal Advisers comments and in basic agreement! That is we agree with the penultimate paragraph of paragraph 2 (a) of Mr Allan's minute and with paragraph 2 (b).

2.

But we do not agree with the final paragraph of paragraph 2(a) so far as British subjects are concerned, since their allegiance is personal and their duty of allegiance will continue. so far as persons who are not British subjects are concerned, any duty that they may have derived from allegiance would be purely territorial and therefore they would cease to owe that duty once the Crown ceases to enjoy jurisdiction in Hong Kong. There is an interesting question as to the position of British Nationals (overseas) but this letter is not the place to explore that.

I suggest that should we receive further queries on the Oath of Office, we should state:

3.

"The Oath of Office will lapse when the Crown ceases to have jurisdiction in Hong Kong and the Police Force ceases to be a Police Force under the Crown".

Yas fincholy

Mich

M V Stone

Hong Kong Department