Our scheme includes elements of compensation against the possibility that supersession will take place without the SARG paying compensation.
C. There is no provision for payment of any unpaid balance to an officer who is dismissed from the service of the SARG in a way not in accordance with the existing disciplinary code of Hong Kong. Reason: The JD and BL provide for Hong Kong's present system of discipline to be maintained (HKD inform us that there are no provision relating to discipline which provides privileged treatment for foreign nationals). 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 compliance with the Joint Declaration and 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 appropriate.
D. Why use 30/6/97 as date? Reason: Last date on which HMG has responsibility for Hong Kong: this triggers the scheme.
E.
Transfer to other territories?/alternative employment? On transfer White Paper was relevant in 1954, has minimal relevance now. Such few positions as are open in DT's etc are circulated to HKG officers. On alternative employment HMG will be happy to provide HMOCS officers with names and addresses of companies, agencies and government departments which may be interested in recruiting persons with experience such as those gained by HMOCs.
F. Annex III sets out a number of possible supplementary questions and answers.
TAX
7.
The Association may be informed that we are consulting 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).
RESPONSES ON CONSULTATION WITH THE CHINESE AUTHORITIES
We have already briefed the Chinese on our general
9.
PJZAYI