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Miss William CONFIDENTIAL
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FROM: Mr Paul Fifoot
& an account of preset prachu DATE: 29 May 1992
eg 'x'.
Mr
cox,
HKD
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HKA 233/1
POSITION ON PENSION
Реме 11/6
X
1.
I have no doubt that under Hong Kong law (Caps 89 and 99), the Governor can allow/authorise members of HMOCs to retire on immediate pension in the circumstances set out in para 2 of Hong Kong telno 1439,
K347
2.
But what has been the practice under sect 6(1)(aa) of Cap 89 and sect 11 (2), in respect of sect 11 (1) (e), of Cap 99?
Has the Governor given his permission to retire/to retire on immediate pension as of course ? If not, are we not giving the Chinese an option to cry 'foul', to assert such arrangements are not part of the pensions terms in June "before" within JD 73, and therefore to distinguish such arrangements and to say JD 73 was never intended to apply to them. Do we not give the point away in para 6(b) of the draft tel by saying that post 1997 this would be "a change of civil service conditions of service and a new obligation for the SARG". We do need to know and to be able to demonstrate that what we propose is consistent with practice. It would also be of interest to know the figures for the 'spouses' referred to in para 3 of Hong Kong telno 1439 [and congratulate the author of that tel for "not an unagreed variation" ie they have not complained but whether they know what is going on, God only knows] And we need to know before going on to para 7(b) of the draft tel.
3.
If we go ahead on lines of para 7 (b) of the draft tel
NC1ACX/1
SLM
CONFIDENTIAL
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