Rs
applicable to
to other public servants in
in the employ of the governments of the dependent territories. The distinctive befits which Colonial No.306 held out to members of HMOCS were the conditions specifically set out in paragraph 6 of that White Paper.
3.
4.
These conditions are-
(a) So long as they remain in their existing employment, the Government of the territory concerned shall not alter their terms of service so as to make them less favourable than those on which the officers are already serving;
(b) The pension and other benefits for which they or their dependents may be qualified under existing laws and regulations shall be similarly safeguarded; (c) The officers shall continue to be eligible for consideration for transfer or promotion to any posts which the Secretary of State may be requested to fill in other territories and the employing Government will not unreasonably withhold consent to such transfer or promotion;
(d) The officers will be given adequate notice of termination of employment for constitutional reasons and the British Government will endeavour
endeavour to find them alternative employment if they wish;
(e) In the event
the event of premature retirement resulting from constitutional changes, they will receive compensation from the
the Government of the territory concerned.
These conditions were further elaborated in Cmnd 1193 of 1961 which assured members of HMOCS that the undertakings in Colonial No. 306 would continue
fully observed
to
(para 4). Paragraph 17 of Cmnd 1193 included the following passage-
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There are certain broad principles which in the opinion of Her Majesty's Government should be applied in any future compensation scheme in order to reflect the interests of both the officers and the Government concerned. Among these principles are the following:
(a) When the Secretary of State's control passes to an executive Public Service Commission, overseas officers should be entitled to retire with compensation calculated with actuarial advice and taking account
of age, salary and
length of service. Where officers are free to continue in service, it is undesirable that compensation should be paid in a form that would constitute an inducement to retire, as has been the case in some earlier schemes. The method adopted for the payment of compensation may well vary from territory to territory in accordance with local conditions, and would only be decided upon after full discussion with the staff association concerned and in agreement with the local Government;
(b) Officers who are required to retire as a result of constitutional change are in any case entitled to the payment of compensation in one