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MDHOAN 120
DESPITE HKG'S LOCALISATION POLICY MORE THAN 400 ARE LIKELY STILL TO
BE IN SERVICE IN 1997. IN ADDITION APPROXIMATELY 240 OFFICERS SERVING
ON CONTRACT TERMS, WHOSE INITIAL APPOINTMENT WAS MADE BEFORE MARCH 1985, RETAIN THE RIGHT TO APPLY TO TRANSFER TO PERMANENT AND PENSIONABLE TERMS OF SERVICE AND THEN TO ENROL IN HMOCS.
5. IN ORDER TO RECRUIT AND RETAIN WELL-QUALIFIED OFFICERS FOR HMOCS AT A TIME OF CONSTITUTIONAL CHANGE OR UNCERTAINTY IN THE RELATIONS BETWEEN BRITAIN AND THE DEPENDENT TERRITORIES, HMG
HAVE ALWAYS ACCEPTED A SPECIAL OBLIGATION TOWARDS MEMBERS OF HMOCS WHEREVER THEY SERVE. THIS OBLIGATION WAS IN PART SET OUT IN WHITE PAPER POLICY STATEMENTS IN 1954 AND 1960 AND IN PART
HAS BEEN ESTABLISHED THROUGH PRACTICE AND PRECEDENT IN OTHER PREVIOUSLY DEPENDENT TERRITORIES. THE MAIN POINTS ARE THAT WHEN, AS A RESULT OF CONSTITUTIONAL CHANGE, THE SECRETARY OF STATE CEASES TO HAVE AUTHORITY OVER HMOCS OFFICERS AND THEY
COME UNDER THE AUTHORITY OF A SUCCESSOR GOVERNMENT:
A) HMG SHOULD ENSURE THAT ALL OFFICERS RECEIVE A COMPENSATION OR SEVERANCE PAYMENT TO MARK THE ENDING OF THEIR HMOCS STATUS AND OF THE SPECIAL RELATIONSHIP WITH THE SECRETARY OF STATE WHICH THAT
ENTAILS:
B) HMG SHOULD ENSURE THAT ALL OFFICERS WHO ARE RETAINED IN THE
SERVICE OF THE PREVIOUSLY DEPENDENT TERRITORY SHOULD ENJOY
TERMS OF SERVICE NO LESS FAVOURABLE THAN BEFORE, INCLUDING WITH RESPECT TO SALARIES, ALLOWANCES, OTHER BENEFITS AND PENSIONS ENTITLEMENTS:
C) HMG SHOULD ENSURE THAT ALL OFFICERS WHO WISH TO DO SO ARE
ENTITLED TO RETIRE WITH IMMEDIATE PAYMENT OF PENSION AT THE TIME
OF THE CONSTITUTIONAL CHANGE:
D) HMG SHOULD ENSURE THAT ARRANGEMENTS ARE MADE TO PROVIDE FOR
THE PROTECTION OF THE STERLING VALUE OF THE FORMER HMOCS OFFICERS' PENSIONS, THROUGH THE INTRODUCTION OF A FIXED STERLING EXCHANGE RATE.
6.
THE HMOCS OBLIGATION HAS BEEN HONOURED WITHOUT EXCEPTION IN ALL BRITISH DEPENDENT TERRITORIES UPON A
CHANGE OF SOVEREIGNTY. THE DETAILED ARRANGEMENTS WERE NORMALLY
NEGOTIATED BETWEEN THE UNITED KINGDOM GOVERNMENT AND THE LOCAL GOVERNMENT SHORTLY BEFORE THE ENDING OF DEPENDENT TERRITORY STATUS. HOWEVER THE HONG KONG SITUATION IS UNIQUE. SOME
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