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and incentive scheme in April last before opting for pensionable terms, could well complain that we had misled them to their disadvantage if this particular restriction on

counting back service as pensionable service were to be introduced at this stage for the first time. They would do their best to press their case, possibly to the extent of seeking judicial review, and their dissatisfaction could

undermine our chances of securing acceptance of any revised compensation arrangements.

8. The arguments are finely balanced. But I recommend that

on balance we should allow any bought back service to count,

subject to the recommendation in paragraph 11 below.

DEADLINE TO APPLY FOR HMOCS

9. Although the arrangements made by HKG and our own decisions preclude any more HK officers from being eligible to

apply for HMOCS, we have not yet set a deadline for them

actually to apply (except for members of the Hong Kong

Judiciary). I recommend that we set 31 January 1993 as the

date by which all officers must have submitted their applications for HMOCS membership.

TIME GRANTED TO BUY BACK SERVICE

10. If Ministers agree the above we also need to consider

whether any time limit should be set by which officers in this

madi a commitment to buy position must have bought back their service for it to count for compensation purposes. The HKG policy is: Officers switching to pensionable service after 26 July 1991 have 12

months in which to buy back service. Pre 26 July 1991 there is no deadline-they may buy back service at any time up to

retirement.

buy.back.ADM

SLM

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