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JUSTICIABLE AND THEREFORE THERE IS AN EXTRA PROTECTION, EITHER
SUBSTANTIVE OR PROCEDURAL, AVAILABLE IN THE COURTS.)
3.
ON YOUR PARA 4, OUR LEGAL ADVISERS CONTINUE TO BE
CONCERNED ABOUT CLAUSE 33 NOTWITHSTANDING IT CAN ONLY OPERATE FOR
THE BENEFIT OF A PARTICULAR OFFICER OR HIS DEPENDANTS. THEY ARE
ALSO INCLINED TO THINK THAT LEGCO WOULD BE CONCERNED ABOUT SUCH A
CLAUSE AS IT ENTITLES THE CIVIL SERVICE TO CHANGE THE RULES
SUBJECT TO WHICH PUBLIC MONIES ARE GRANTED: AND THEY
WOULD LIKE TO BE
SURE THAT THE POLITICAL ASPECTS OF THE MATTER HAVE BEEN
CONSIDERED AS WELL AS THE PURELY PENSION MANAGEMENT ASPECTS. IF
THE CLAUSE IS TO BE RETAINED, ONE POSSIBILITY WOULD, THEY
SUGGEST, BE TO BUILD IN A LEGCO SAFEGUARD. A POSSIBLE SAFEGUARD
WOULD BE TO REQUIRE THAT ANY ACTION UNDER THE CLAUSE SHOULD BE
REPORTED TO THE FINANCE COMMITTEE OF LEGCO. YOU MAY WISH TO GIVE
THIS SUGGESTION FURTHER THOUGHT.
4.
ON YOUR PARA 5, I FULLY TAKE YOUR POINT, AND SHALL NOT
PRESS THE ARGUMENT: ALTHOUGH I WONDER HOW FAR THE ADMINISTRATIVE
ROUTE WILL IN FACT ENABLE YOU TO AVOID THE RISK YOU OUTLINE.
HOWE
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MR MCLAREN
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MR FIFOOT, LEGAL ADVISERS
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