PLEASE SEE ANNEX
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HKA 233/1
RECEIVED IN REGISTRY
12 MAY 1992
DISCUSSIONS WITH THE HONG KONG HMOCS ASSOCIATION ON THE UNITED KINGDOM GOVERNMENT'S PROPOSALS FOR A SCHEME FOR MEMBERS OF HMOCS IN HONG KONG
(May 8th - 12th, 1992)
4
INSTRUCTIONS FOR THE UNITED KINGDOM TEAM
THE PROPOSED SCHEME
Objectives; Annex I
1. The present proposals for the Scheme for benefits for members of HMOCS in Hong Kong, including entitled judges, are set out in Annex F. II
PRINCIPAL POINTS TO MAKE
2.
Opening Remarks: Amex !!! Оремя
A. The proposed Scheme is not a "traditional" scheme of the kind which in the past has been devised in respect of a territory attaining independence. It has been specially constructed to reflect the particular, and indeed unique, circumstances of Hong Kong. A statement on the nature of the Scheme is at Annex II It is not the policy of HMG to include provisions which would tend to encourage officers to leave Hong Kong when they are still needed to assist in maintaining its economic prosperity and social stability.
B. The Scheme provides for payments wholly funded by HMG, not as was the case with earlier schemes, for payments by the territory concerned. It does not deal with retirement on pension. Entitlement to pension and pension benefits are regulated by the law of Hong Kong.
C. The Team is not in a position at this stage to make any statement on sterling guarantees in respect of pensions.
D.
Any proposals designed to make provisions for members of HMOCS on a change such as that facing Hong Kong in 1997 must be the subject of full consultation with the representatives of HMOCS in the territory. Ministers have taken no final decisions but, of course, they have had to take a provisional view of proposals which the Team will be making. It is the Team's role to carry out this consultation, to ascertain the views of the Association on the proposals for the Scheme, and to report those views to Ministers in order that they may be fully appraised of them before they take final decisions on what scheme to establish.
CIRCUMSTANCES OF SPECIAL RELEVANCE TO HONG KONG
3. The Team should make the following points:
A.
The Joint Declaration, which is a binding international agreement, provides for continuity of employment in the service of the SAR for all who wish to remain, except that certain offices can be held only by Chinese nationals and the
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