ORIGINAL PAPERS
COPIOD From
SMH 735/17/00
COMEAN 0373
CONFTDENTIAL
?? HOKON
FM FCOLN TO HOKON
230830Z APR
GAS 207
CONFIDENTIAL
FM FCO
TO PRIORITY HONG KONG
TELNO 1162
OF 230830Z APRIL 87
87/88
001
CONFIDENTIAL
3.7
50373 - 1
FOR SHIPLEY FROM LEEKS
refers
YOUR LETTER OF 27 JANUARY AND YOUR TELNO 1156: LOCALISATION OF
LEGISLATION ON CIVIL SERVICE MATTERS
1.
PARA 1 OF OUR TELNO 639 PROMISED OUR AND ODA'S ADVICE ON
LOCALISATION IN HONG KONG OF UK PENSIONS LEGISLATION.
AS REGARDS PARA 2 OF LUR ODA NOW ADVISE THAT
2.
(A)
THE PENSIONS (COLONIAL SERVICE) ACT 1887 AND THE
SUPERANNUATION ACT 1892 HAVE-BEEN REPEALED,
(3)
WE THEREFORE BELIEVE THAT THE REVENUES OF HONG KONG
ORDER 1895 IS SPENT AND
(C)
HOWE
MANY OF THE SECTIONS OF THE SUPERANNUATION ACT 1965 HAVE
ALSO BEEN REPEALED. HOWEVER SOME, INCLUDING SECTIONS
38 AND 39 (EMPLOYMENT IN MORE THAN ONE PUBLIC OFFICE),
REMAIN IN FORCE. IT IS UNDER THESE SECTIONS THAT
CLAUSE 2.29 OF THE PCSPS OPERATES I.E. ALLOWING UK CIVIL
SERVANTS TO RETAIN THEIR PENSION RIGHTS WHEN TRANSFERRING
TO OVERSEAS PENSIONABLE SERVICE. SUBJECT TO YOUR VIEWS
WE WOULD SUGGEST THAT THESE PROVISIONS MAY NEED IN SOME
APPROPRIATE MANNER TO BE INCORPORATED IN YOUR LEGISLATION
ON THE HONG KONG PENSIONS CODE.
OCHIAN 0373
MINIMAL
HKD
1
CONFIDENTIAL
COFIES TO:
MR POWER, PENSIONS DEPT, COA
MR FIFOOT, LEGAL ADVISERS.