OCMIAN 7428
CONFIDENTIAL
OO HOKON
FM FCOLN TO HOKON
090845Z APR
GRS 422
CONFIDENTIAL
FM FCO
TO IMMEDIATE HONG KONG
TELNO 1029
OF 090845Z APRIL 87
CONFIDENTIAL
;
233/26
TOP COPY Q DIST ?
30
47428 1
FOR SHIPLEY FROM LEEKS
YOUR TELNO 1323: NEW PENSION SCHEME: DRAFT LEGISLATION
1.
THANK YOU FOR YOUR LETTER OF 2 APRIL ENCLOSING YOUR
RESPONSE TO GAD AND ODA COMMENTS AND YOUR DRAFT PENSION
(AMENDMENT) BILL. I SHALL LET YOU HAVE ANY FURTHER COMMENTS AS
SOON AS I CAN. WE ARE CONSCIOUS OF YOUR TIMING CONSTRAINTS, AND
ARE GRATEFUL FOR YOUR OFFER IN PARA 7 OF TUR (BUT WE WILL, OF COURSE, TAKE THIS UP ONLY IF ABSOLUTELY NECESSARY).
2.
ON YOUR PARA 3, WE AND LEGAL ADVISERS CONTINUE TO SEE DIFFICULTY WITH YOUR PROPOSAL THAT AN APPEAL FROM THE GOVERNOR
SHOULD LIE WITH EXCO. WE ALSO HAVE DOUBTS AS TO WHETHER THIS
NEED REALLY BE MADE THE SUBJECT OF EXCO BUSINESS. OUR LEG AL
ADVISERS THINK IT WOULD BE SUFFICIENT TO PROVIDE THAT THE
GOVERNOR EXERCISES THE POWER (OR BETTER STILL THAT BOTH CLAUSES
27 AND 29 ARE DRAFTED OBJECTIVELY IN THE TERMS OF CLAUSE 29(1),
THEREBY PERMITTING, EG, THE SECRETARY FOR THE CIVIL SERVICE TO EXERCISE THE INITIAL POWER). CLAUSES 27(5) AND 29(4) WOULD THEN
ENABLE AN APPLICATION FOR REVIEW TO BE MADE TO THE GOVERNOR ON
THE ADVICE OF THE PUBLIC SERVICE COMMISSION. (THEY ALSO NOTE
THAT, UNDER THE BILL, THE GRANT OF PENSIONS IS NOW
1
CONFIDENTIAL