SECRET
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FM HONG KONG
TO IMMEDIATE FCO
TELNO 2024
OF 31111OZ JUL
INFO ROUTINE PEKING, UKREP JLG HONG KONG
071034
MDHIAN 4011
TOP COPY Q DIST?
PERSONAL FOR RICKETTS, HKD.
PEKING: PERSONAL FOR AMBASSADOR.
UKREP: PERSONAL FOR MR.GALSWORTHY
YOUR TELNO 1107: HMOCS ARRANGEMENTS: JUDICIAL OFFICERS.
1. THE ARGUMENT FOR RELAXING THE CUT-OFF DATE FOR FIRST APPOINTMENT FOR JUDICIAL OFFICERS IS THAT THESE OFFICERS WERE NEVER TOLD EITHER BY HMG OR HKG, THAT A CUT-OFF DATE OF 28 MARCH 1985 WOULD BE APPLIED. IN FACT, HKG CONFIRMED TO THE JUDICIARY ON 21 FEBRUARY 1989 THAT JUDICIAL OFFICERS WERE STILL EXEMPT FROM THE NORMAL REQUIREMENTS FOR TRANSFER TO PERMANENT ESTABLISHMENT APPLIED TO THE CIVIL SERVICE AND SPECIFIED IN CSB CIRCULAR 6/85 (OF WHICH YOU HAVE A COPY). THIS WOULD HAVE TENDED TO REINFORCE JUDICIAL OFFICERS' BELIEF THAT THEY COULD STILL JOIN HMOCS. IT WAS ONLY ON 15 APRIL 1992 THAT WE INFORMED THE JUDICIARY, AT YOUR REQUEST IN THE CONTEXT OF A PARTICULAR CASE, THAT A CUT-OFF DATE FOR FIRST APPOINTMENT OF 28 MARCH 1985 WOULD APPLY IN THE CONTEXT OF HMOCS MEMBERSHIP.
2.
ACCORDINGLY WE STILL TEND TO FEEL THAT, AS A MATTER OF PRINCIPLE, THE CUT-OFF DATE FOR FIRST APPOINTMENT SHOULD BE RELAXED TO 15 APRIL 1992 FOR JUDICIAL OFFICERS, ALTHOUGH WE CAN SEE THAT THIS ADDS TO THE NUMBER OF OFFICERS ELIGIBLE FOR COMPENSATION.
3.
ON THE QUESTION OF 'WINDFALL', WE AGREE THAT IT COULD BE ARGUED THAT SOME OFFICERS HAVE CHANCED UPON AN OPPORTUNITY TO MAKE MONEY OUT OF THE ARRANGEMENT. HOWEVER, ONLY A LIMITED NUMBER HAVE TAKEN THE OPPORTUNITY. A TOTAL OF 31 JUDICIAL OFFICERS HAD BEEN APPOINTED ON OVERSEAS AGREEMENT TERMS AFTER 28 MARCH 1985. OF THESE, SIX HAVE SO FAR APPLIED FOR TRANSFER TO THE PENSIONABLE ESTABLISHMENT AND MEMBERSHIP OF HMOCS. OF THESE SIX, TWO HAVE BEEN ADMITTED TO HMOCS, ONE HAS BEEN REJECTED, AND THREE CASES ARE PENDING. WE TEND TO THINK THAT THE MAIN REASONS FOR APPLYING FOR PENSIONABLE TERMS ARE THE ENHANCED PENSION BENEFITS ABOVE AGE
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