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20. None of the criteria listed above is adequate in itself for the purpose now proposed. In particular HMOCS embraces some indigenous local pensioners as well as expatriates. After considering the various possibilities the Minister of Overseas Development has concluded that the proposed new policy should apply in respect of
21.
b.
those pensioners who are covered by a Public Officers Agreement or, if no POA has been concluded (eg Federal Nigeria), would in the Minister's opinion have been covered by an Agreement provided in all cases that the pensioners are not citizens of the overseas country
those pensions of the pensioner which are attributable to "Crown" or otherwise approved service given prior to independence.
Pensioners of India, Pakistan, Burma, and Sudan- see paragraphs 31
to 37 below could be specified by reference to existing definitions in the 1955 Pensions (India, Pakistan and Burma) Act and the Pensions Increases Act 1962.
22. Certain consequences flow from the definition offered in paragraph 20 above. Local pensioners would of course be excluded but a number of Asians who were not nationals of the country they were serving would be brought in. If the definition were applied strictly they would be expatriate Asians of Kenya, Uganda, Zanzibar and the Southern Yemen but not those of the East African Community and former Tanganyika because the POAs in the last two cases did not cover them.
23. The ODM has considered whether all Asian expatriates should be excluded, whether all should be included, or whether inclusion and exclusion should be determined by reference to the Public Officers Agreements.
24. There is a strong case for including at least those covered by POAs because of HMG's clear commitment
B
given in Colonial No. 306 and reaffirmed on several occasions since to ensure the continued payment of pensions covered by such
agreements. The ODM thinks they should be included.
Kenya, which has the
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