5.
higher that that established for those who are free to continue to serve;
(c) Whatever the circumstances in which an officer retires as a result of constitutional change, it would normally be desirable that salary changes made after the introduction of the compensation scheme but before the officer retires should be reflected in the sums payable; (d) Compensation schemes should also provide an inducement to individual officers to continue to serve so long as their services are required. This might be done by a variety of means, such as the payment of compensation by instalments where officers can continue to serve if they wish or by an additional payment to those who elect to serve.
The conditions set out in paragraphs 3 and 4 above are postulated respectively on HMG in the United Kingdom ceasing to have responsibility for the Govenment of the territory on that territory attaining self government and the Secterary of State's ultimate responsibility for the public service being transferred to an executive Public Service Commission. Such a Public Service Commission has not yet been established in Hong Kong and there is no certainty that it but will be; Hong Kong will not attain self government; the United Kingdom will cease to be responsible for Hong Kong in 1997 and the Secretary of State will cease to have responsibility for its public service. It was agreed by ministers in 1985 that XXXXXXXX.
6. Over the last thirty years schemes for compensation and retiring benefits have been established for dependent territories in which members of HMOCS were serving when they attained self government or independence ("the relevant date"). Over XXX general schemes were made, many, if not all, incorporating an earlier limited compensation scheme for officers who were superseded for promotion, directed to retire for constitutional reasons or permitted to retire because it was unreasonable to expect them to continue in service. Although there were some variations, the general pattern included the following characteristics which reflected conditions and principles set out in the White Papers:
(a) a right to retire under the local pensions law on or after the relevant date for all members of HMOCS with immediate payment of earned pension notwithstanding the offficer had not the minimum qualifying service under the local pensions law;
(b) a right to compensation for all members of HMOCS, calculated on an actuarial basis, and payable, by the local government, either in a lump sum or, more generally and whether or not the officer had the possibility of further service or took that opportunity, in instalments; unpaid instalments carried the right to interest; (c) apart from the absence of a lump sum payment, inducements for further service took the form of allowing for an increase of compensation in
3.