CO-APR-1992 15:10
PAUL FIFOOT
037272375s
schemes were framed and that account would have to be taken of this in any new scheme. [An additional factor which has emerged is the unwillingness of the Hong Kong Government to adopt a general scheme although its financial ability to do so is of an entirely different order from that of other territories, with the result that the presnt proposed Scheme falls to be financed from the start by the United Kingdom).
D. Special provision for the judges:
[ TO BE FILLED IN]
E. [WHAT ELSE SHOULD WE ADD?]
ADDITIONAL POINTS WHICH MAY BE MADE ON THE PROPOSED SCHEME
6. A. There is no provision for re-assessment of the notional maximum sum for promotions after 30th June 1997. Reason:[INSERT]
B. There is no provision for any additional payment under the proposed Scheme for officers superceded after 30th June 1997. Reason: The payments are intended to compensate against such a possibility as well as to provide an incentive].
C.
There is no provision for payment of any unpaid balance to an officer who is dismissed from the service of the SARG in accordance with the existing disciplinary code of Hong Kong. Questions of unlawful dismissal in individual cases would be matters for the courts. Any practice of dismissal other than in accordance with the existing disciplinary code would call in question the SAR's compliance with the Joint Declaration and its own Basic Law. Such a question, and what should be done (including what, if any, steps should be taken to ameliorate the position of the affected officers) would be a matter for the Government of the day to take the measures they thought apppropriate D. (OTHER ?]
E. Annex III sets out a number of possible supplementary questions and answers
TAX
7. The Association may be informed that we are consulting/ will consult the relevant authorities in the United Kingdom and Hong Kong with a view to the exemption from any tax on income of payments made under the proposed Scheme.
RESPONSES ON CONSULTATIONS WITH THE HONG KONG GOVERNMENT
8. We have had extensive consultations with the Hong Kong Government about the proposed Scheme and generally about matters relating to retirement and compensation. [If asked about HKG's attitude to the proposed Scheme: [ You must ask them] alternatively [They have indicated that they consider that that is a matter between HMG and the members of HMOCS. They have their own limited compensation scheme for constituional casualties and officers superceded before 1st July 199711.
RESPONSES ON CONSULTATION WITH THE CHINESE AUTHORITIES