FILE
HKD
Foreign and Commonwealth Office
London SW1A 2AH
4 April 1990
From The Minister of State
The Hon Francis Maude MP
Peter Bottomley Esq MP House of Commons London
SW1A OAA
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Pls
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Mr Shipley, CSB HICG
+ ça. with all tro тва.
Bottarley minitern
Thank you for your letter of 5 January enclosing one from Mr W M McIntyre of Hong Kong, about HMOCS members of the Royal Hong Kong Police Force. I am sorry about the long delay in replying.
Mr McIntyre asks about a Public Officers' Agreement for HMOCS member in Hong Kong. Many of the standard provisions of such an Agreement, which are designed to safeguard the terms and conditions of service and pensions of HMOCS members, are already contained in the Sino-British Joint Declaration on Hong Kong. This stipulates that public servants, including members of the police, may continue their service after 1997 with pay, allowances, benefits and conditions of service no less favourable than before. It contains similar provisions about pensions. It also stipulates that the Hong Kong Special Administrative Region Government may employ British and other foreign nationals previously serving in the public service in Hong Kong to serve as public servants at all levels, except as heads (and in some cases deputy heads) of major Government departments. These are important stipulations, contained in an internationally binding agreement, which should not be dismissed lightly.
Mr McIntyre refers to the right to retire before 1997. can well understand that the position of HMOCS members might well become untenable in the event of a complete breakdown of the arrangements envisaged under the Joint Declaration. But that is a most improbable scenario and we shall continue to work to ensure that it does not happen. I recognise however that HMOCS members remain
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