TNAG-2423-FCO40-3525-Hong-Kong-Her-Majesty-s-Overseas-Civil-Service-(HMOCS)-poli-1992 — Page 174

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

Speaking Note

Loyalty

1. 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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