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sterling. A Public Officers Agreement (POA) had also been negotiated in other DTs which guaranteed the sterling value
of HMOCS pensions. Most of the features of these POAS were
contained in the Joint Declaration (JD) with the exception
of the safeguard for pensions. Mr Paul asked if a POA would
be necessary and appropriate in Hong Kong's case and if
there was likely to be any pressure for one to be signed. Mr Fish said that some pressure was likely. Mr Shipley pointed out that in other DTs the negotiation of a POA had
preceeded the constitutional instruments (ie. the independence constitution); in Hong Kong the Joint Declaration and the Basic Law already in existence.
were
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3. Mr Rayson asked if it was possible to clarify exactly
what HMG's legal commitments were. Colonial 306 had not
mentioned exchange rate safeguards, this was contained in
POAS for other DTs. Mr Kerby said that sterling safeguards
for pensions had been a policy decision following on from
Col 306 and Cmnd 1193. Mr Fish reiterated that most
provisions made in the POAS in other territories were made
in the JD except the safeguard for the sterling value of
pensions. Mr Fifoot added that there were strong expectations by members of HMOCS in Hong Kong that the same guarantee would be given to them.
4. Mr Rayson asked Mr Fifoot what HMG was legally bound to do. Mr Fifoot replied that Col 306 did not provide any legal basis but that it was a clear statement of policy
which had led to strong expectations. Statements made by
Ministers in subsequent correspondence about this had
reinforced this policy toward members of HMOCS. Although
HMG was not obliged by statute or contract, it accepted its responsibility to fulfil the expectations which stemmed from
statements made in Col 306, expanded in Command 1193. These
statements were a reason why officers continued to join
HMOCS (and why HMG enrolled them).
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