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ZD HKD//HD FOR DIST ADVICE (AS REFTEL) N 3481 HMLNAN 2019

SECRET

00 FCOLN

FM HOKO TO FCOLN

3111 Z JUL

GRS 254

SECRET

FM HONG KONG

TO IMMEDIATE FCO

TELNO 2025

OF 311125Z JULY 92

W31

HKA 233/5

STRICTLY PERSONAL FOR RICKETTS, HKD.

FROM PS/GH.

YOUR TELNO 1108: HMOCS: ARRANGEMENTS FOR THE JUDICIARY.

1.

of give appropriate.

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in smaller for the

one.

NA last fufs boz Monday 1700.

WE ARE SENDING YOU TODAY A RESPONSE TO YOUR TELNO 1107, STATING OUR VIEW THAT AS A MATTER OF PRINCIPLE THE CUT-OFF DATE FOR FIRST APPOINTMENT SHOULD BE RELAXED TO 15 APRIL 1992 FOR JUDICIARY OFFICERS.

2.

I HAVE PUT THESE PAPERS TO THE GOVERNOR. HIS VIEW IS THAT IT WOULD BE QUITE WRONG TO IMPOSE A RETROSPECTIVE CUT-OFF DATE THAT DID NOT GIVE THE JUDICIAL OFFICERS THE OPPORTUNITY TO APPLY FOR PENSIONABLE TERMS, AND THEREBY HMOCS MEMBERSHIP. HE FINDS VERY UNATTRACTIVE THE PROSPECT OF A JUDICIAL REVIEW OF HMG'S DECISION BEING SOUGHT BY MEMBERS OF THE HONG KONG JUDICIARY. A RETROSPECTIVE CUT-OFF DATE WOULD ALSO CREATE CONSIDERABLE DISSATISFACTION AMONG A GROUP WHO ARE SENSITIVE AT THE BEST OF TIMES AND WHOSE MORALE AND EFFECTIVENESS THE GOVERNOR IS PARTICULARLY KEEN TO UPHOLD. TO SUM UP, THE GOVERNOR IS KEEN TO STICK TO THE DATE OF 15 APRIL 1992 THAT WE ORIGINALLY AGREED BETWEEN US.

3.

THE LINK TO THE CONTROVERSY OVER THE COURT OF FINAL APPEAL IS A PRETTY TENUOUS ONE. IT SEEMS UNLIKELY THAT SOMEONE WILL TRY TO MAKE IT, BUT I SUPPOSE THAT WE CANNOT RULE THE POSSIBILITY OUT ENTIRELY.

4. OUR REPLY IN THE NORMAL SERIES ALSO RAISES THE QUESTION OF THE LINE YOU PROPOSE TO TAKE ON THE ISSUE OF THE ELIGIBILITY OF BOUGHT-BACK SERVICE. YOU DID OF COURSE REFER TO THIS IN TUR, BUT I FELT THAT I SHOULD NOT PASS THIS ON GIVEN THE CAVEAT ON THE

TELEGRAM.

PATTEN

Tel sel

24/7

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HMLNAN 2019

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