Speaking Note
Loyalty
1.
( fara 5 wed' orally
Paras 1-4 used orally &
at Hmocs request
handed over as spkg note Para 6 not used)
M
12/
We regret that our opening statement was poorly drafted on this point. Our object was to repeat the point made in the White Paper of 1960, and to make clear that up to 30 June 1997 HMOCS officers serving in Hong Kong should give their full loyalty, in respect of their official duties, to the Hong Kong Government; and if any of those former HMOCS
officers who choose to continue to serve in Hong Kong
after 1 July 1997, they should give their full loyalty, as employees to the Government of the Hong Kong Special Administrative Region. In neither case are they employees of Her Majesty's Government in the United Kingdom. This position is, we believe, well-known to HMOCS officers, but we considered it desirable to mention it, partly in case others were to see the statement, or otherwise to learn of the arrangements being made for HMOCS officers, and to misunderstand the nature of the relationship between HMOCS
officers and HMG in the UK.
2. There was no intention to suggest that HMOCS officers have a duty to continue to serve in Hong Kong from
1 July 1997: that must be a matter of individual choice.
3. The duty of loyalty to an officer's employer is distinct from the duty of allegiance. All British subjects wherever they may be, owe a personal duty of allegiance to The Queen. That will remain the position for HMOCS officers and other British subjects in Hong Kong after 30 June 1997, whether or not they are in the service of the SARG. Those to whom Article 104 of the BL applies are required to swear
allegiance to the SAR while they are in the employment of
PJZAYL/1
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