3
stands up is that the United Kingdom has to meet the whole 1 (and not only half as in earlier cases) and, therefore, intends to limit the cost to the taxpayer even if this means disappointing the reasonable expectations of this last collection of members of HMOCS ?
In the absence of any decision on sterling safeguards, we have not started to address the relevant arguments.
16.
The members of HMOCS will no doubt seek to forward
their case for a traditional compensation and retiring benefits scheme by attracting the support of sympathetic members of Parliament. Apart from such ocassion as would be offered for Parliamentary criticism by the presentation of our current proposals for a scheme and the publication of such a scheme administratively, it will probably be necessary to seek statutory power to make an order in council to implement it. In addition to seeking assistence from members of Parliament, it is possible that the members of HMOCS would seek judicial review at the stage when a scheme is first published administratively or is made pursuant to statute.
In the present state of the law regarding judicial review it is not possible to advise with much degree of certainty whether such a course would be I do not intend to lengthen this paper by a discussion of the various issues to be considered on a possible application for judicial review, such as the relevance of reasonable or legitimnate expectations, the relevance or irrelevance of the reasons for the frustration of such expectations or even the issue of irrationality. These are questions that may be left until after consideration has been given to the options now open to the British Government in respect of HMOCS.
sucessful.
17. To summarise this paper:
(a) In 1954 and 1961, in anticipation of widespread constitutional changes involving self-government in the dependent territories, the British Government enunciated a number of conditions and principles for granting compensation and retirement benefits to members of HMOCS, on the whole British subjects, serving in the public services of the dependent territories when they ceased to be the responsibility of the United Kingdom. Eligibility for such provision was the only distinctive characteristic of HMOCS.
(b) In the thirty or SO years since then the United Kingdon has made provision for according those benefits to members of HMOCS serving in such territories when the United Kingdom ceases to have responsibility and to safeguard the pensions of "colonial" service officers.
(c) Such statements and practice have given rise to reasonable expectations among Hong Kong members of HMOCS.
(d)
Hong Kong is probably the last dependent territory with serving members of HMOCS ( certainly