From The Minister of State
Markk
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The Hon Francis Maude MP
FNM Pusinelli Esq Chairman
Overseas Service Pensioners'
Association
63 Church Road
Brighton
Sussex BN3 2BD
Foreign and Commonwealth Office
London SW1A 2AH
2 April 1990
Mr Stone
W 4/4
Dear the Pusinelli
Thank you for your letter of 26 January about the position of HMOCS officers in Hong Kong.
As I pointed out in my letter of 21 August 1989, Section IV of Annex I of the Joint Declaration provides that "after the establishment of the Hong Kong Special Administrative Government, public servants previously serving in Hong Kong in all Government Departments, including the Police Department may remain in employment and continue their service with pay, allowances, benefits and conditions of service no less favourabe than before". The Joint Declaration also provides that "the Hong Kong Special Administrative Region Government shall pay to such persons who retire or complete their contracts, as well as to those who have retired before 1 July 1997, or to their dependants, all pensions, gratuities, allowances and benefits due to them on terms no less favourable than before, irrespective of their nationality or place of residence".
I have quoted the relevant parts of the Joint Declaration in full because these are important stipulations, contained in an internationally binding agreement. should not be dismissed lightly.
They
These assurances are now enshrined in the Basic Law, which is about to be enacted and promulgated by the Chinese National People's Congress. It is true, as you say, that a very small number of very senior posts will be reserved for Chinese nationals. It was always envisaged that this would be so, and the Joint Declaration makes this clear. But this does not of course invalidate the assurances I have quoted above.