TNAG-2116-FCO40-3021-Future-of-Hong-Kong-Sino-British-Joint-Declaration-action-ch-1990 — Page 5

CONFIDENTIAL

-

· 3

機密

Constitutional Arrangements (D):

11.

Your point is noted. As regards item (D) (i), alternatives to the Oath of Allegiance and Judicial Oath for Judicial Officers would need to be capable of adaptation on 1 July 1997 to conform with BL 104. They, like (for example) the Executive Council Oath and Legislative Council Oath (Cap. 11, Second Schedule, Part IIIA and Part IVA), would then need only minor adapation in 'midnight legislation' to come into effect on 1 July 1997. Such legislation would be under the Adapation of Laws exercise (Legal System, item C). Procedures for discussion of provisions requiring adaptation to conform with the have, as you know, been suggested recently to the Chinese side. Whether the minor adaptation to oaths that would be required in the 'midnight legislation' would need to be discussed with the Chinese will depend on what guidelines for discussion of provisions requiring localisation are agreed with them.

12.

As regards item Officcial Oath, Oath of

(leaving only alternative adapted) would probably legislation'.

13.

(D) (ii),

the abolitiion of the Allegiance and Judicial Oath oaths already provided, duly form part of the 'midnight

The short answer therefore is that the Chinese may need to be consulted or informed about changes to Oaths under the Oaths and Declarations Ordinance in the Adpataion of Laws context.

14.

Item (D) is not comprehensive in relation to oaths, as it relates only to oaths under the Oaths & Declarations Ordinance. It does not include the Police Force Oath (which would need to be covered in the adaptation of laws exercise or separately). Nor does it cover the replacement of Article III of the Letters Patent in respect of the oath to be taken by the Chief Executive and oaths to be taken by principal officials it is arguable whether they might become subjects under adaptation of law but we feel that for sovereignty and political reasons, the Chinese would most likely keep these

to themselves.

GF 323

CONFIDENTIAL

機密