CONFIDENTIAL
dependent territories who were selected for appointment by the
Secretary of State.
3.
Two White Papers of 1954 and 1960 set out HMG's obligations
towards HMOCS officers. Subsequent practice in some 42 territories
established a clear pattern of arrangements for them when British
rule ended. These included payments of compensation (for loss of the Secretary of State's protection, and of career prospects) provision of safeguards for the sterling value of their pensions,
and the right to retire with full payment of pension.
4.
Application of these general principles to Hong Kong has been under discussion between Departments since the negotiation of the Joint Declaration in 1984. The roughly 700 HMOCS officers in Hong Kong occupy key positions in the police and administration. If many of them decided to leave because of the continuing uncertainty over the security of their pensions, this would do great damage to
our ability to govern Hong Kong effectively up to 1997. That is
not tolerable. We will also face political pressure at home if we
seem to renege on these long-standing commitments; and there is a risk of judicial review, based on the reasonable expectations of
the officers concerned. The Governor of Hong Kong and I feel
strongly that we must settle matters now and in an honourable
manner. Further delay will destroy any remaining trust among HMOCS officers that we are serious about addressing their concerns.
officers have already organised themselves into a Association.
Unless we can put to them for consultation an adequate package
before they elect a new Committee in December,
new Committee in December, the Association is
likely to become more radical and to begin to stir up support for
their cause in Parliament.
The
There were hopes initially that the Hong Kong Government (HKG) would fund these arrangements for HMOCS officers. However, this is not possible: Hong Kong has a unified civil service and the
5.
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CONFIDENTIAL