į
OCMIAN 3188
CONFIDENTIAL
OO HOKON
FM FCOLN TO HOKON
201600Z MAR
GRS 420
CONFIDENTIAL
FM FCO
TO IMMEDIATE HONG KONG
TELNO 841
OF 201600Z MARCH 87
FOR SHIPLEY FROM LEEKS
CONFIDENTIAL
233/2.
TOP COPY Q DIST ?
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YOUR TELNO 1099: NEW PENSIONS SCHEME: DRAFT LEGISLATION
1. THANK YOU FOR THESE FURTHER THOUGHTS.
2.
ON YOUR PARA 2(A), WE HAVE SOME DIFFICULTY WITH YOUR PROPOSAL
ON CLAUSES 27 AND 29, SINCE THE GOVERNOR AND THE GOVERNOR IN
COUNCIL ARE IN FACT THE SAME PERSON (ALBEIT ACTING ON ADVICE FROM
DIFFERENT QUARTERS). ARE THERE PRECEDENTS IN HONG KONG
LEGISLATION WHEREBY AN APPEAL AGAINST A DECISION BY THE GOVERNOR
IS CONSIDERED BY THE GOVERNOR AND EXCO?
3. ON YOUR PARA 2(B), WHILE WE APPRECIATE THE ADVANTAGES OF A
MARGIN OF FLEXIBILITY IN SUCH CIRCUMSTANCES, WE ALSO BELIEVE THAT
SUCH A PROVISION COULD CREATE VERY DIFFICULT PROBLEMS FOR YOU IN
THE FUTURE. A PROVISION ALLOWING THE GOVERNOR TO IMPROVE
BENEFITS IN INDIVIDUAL CASES COULD CONCEIVABLY THROW THE
ADMINISTRATION OPEN TO ALLEGATIONS OF FAVOURITISM.
ON BALANCE THIS IS A RISK WORTH TAKING?
4.
WE WONDER IF
ON THE LCS QUESTION (YOUR PARAS 3 AND 4) YOU ARE RIGHT THAT
IN MANY CASES THESE SCHEMES WERE NOT (NOT) INTRODUCED UNDER LOCAL
LEGISLATION. THE PENULTIMATE SENTENCE OF PARA 8 OF OUR TELNO 820
WAS MISLEADING IN REFERRING TO QUOTE LOCAL UNQUOTE AS OPPOSED TO
QUOTE UK UNQUOTE LEGISLATION IN THIS REGARD (MY APOLOGIES FOR
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CONFIDENTIAL