10.
The conditions and principles in
principles in the White Papers provide for compensation to be paid by the local government, the right to retire with immediate entitlement to earned nsion implies that the local government will act accordingly and pay the pension. As I understand it the Governor of Hong Kong is unwilling to contemplate either step though a reply to telegrammes on the latter point is still awaited.
The Secretary of State could give instructions to the Governor under the Letters Patent, but, apart from the political aspects of such a course, that of itself would be of little use SO far as the period before 1997 is concerned if legislation were required and the majority of the Legislature were of the same mind as the Governor. After 1997, a totally new government will be in power (this is a very significant difference from past cases where the independence government was usually composed of the same people as its immediate predecesor which
which was a party to compensation and retiring arrangements) and the British Govenment can only deal now with the central Chinese authorities.
The latter can play the game both ways; either this is a matter in which the central Chinese authorities claim an interest as sovereign or
as sovereign or as the "only true representative" of Hong Kong people, or it is a matter which falls within the area of autonomy of the SAR and the central authorities must not take this kind of decision for them!
Nevertheless, arrangements involving payment by Hong Kong of instalments of compensation or pensions after 1997 require the prior agreement of the Chinese authorities and, if they require the authority of a law, it will have to be a Hong Kong law which survives 1997, not an Order in Council.
In short, to attempt to give effect to the precise terms of the White Papers would require the co-operation of the Chinese authorities (as indeed do certain technical aspects of the present proposals relating
the payment of pensions).
To date the British Government have not started to consult them on these issues (or on the question of a guarantee of the sterling value of pensions). Can the British Government justify not pursuing the possibility of the Hong Kong Government or its successors giving effect to these conditions and principles without attempting to raise the matter with the Chinese?
to
11.
Two subsidiary questions follow.
Government
If the British
(a) do not pursue the issues with the Hong Kong Government and the Chinese, or
(b) pursue these issues with the Chinese authorities but gets a negative response,
as
are the
the Government justified in not making good the defect themselves and themselves making the same kind of provision their predecessors have insisted is made by much poorer dependent territory governments in the past
past (and
(and in this regard it is to be noted that in the earlier cases, following the 1961 White Paper, the British Government were prepared to pay half the compensation bill and have
bill taken over many of the pensions bills). In both cases the question comes down to whether the members of HMOCS are to be disadvantaged by reason of the failure of
of the
the local government and the
British Government's inability in practice to require the Hong Kong Government and its
now
?