SECRET
HKA 233/5
17
150322 MDHOAN 6446
SECRET
FM FCO
TO IMMEDIATE HONG KONG
TELNO 1006
OF 24150OZ JUNE 92
AND TO PRIORITY PEKING, UKREP JLG HONG KONG
TOP COPY Q DIST?
PERSONAL FOR GOVERNOR FROM RICKETTS, HKD
PEKING: PERSONAL FOR AMBASSADOR
UKREP JLG: PERSONAL FOR MR GALSWORTHY
(384) HKA 233/1
YOUR TELNO 1591: HMOCS ARRANGEMENTS: JUDICIAL OFFICERS: ELIGIBILITY FOR COMPENSATION
1.
WE ARE SUBMITTING TO MINISTERS BOTH ON HOW TO DEAL WITH JUDICIAL OFFICERS APPOINTED AFTER 28 MARCH 1985, AND ON THE GENERAL QUESTION OF WHAT SERVIC WILL QUALIFY FOR COMPENSATION PAYMENTS UNDER WHATEVER SCHEME IS EVENTUALLY INTRODUCED.
2. ON MEMBERS OF THE JUDICIARY, WE SHALL BE FOLLOWING THE LINE SET OUT IN PARAGRAPH 1(C) OF OUR TELNO 920. THAT IS, WE SHALL ADOPT A FIRST DEADLINE OF 15 APRIL 1992 AND A SECOND DEADLINE OF
31 AUGUST 1992.
3.
WITH REGARD TO HMOCS SERVICE ELIGIBLE FOR COMPENSATION, WE BELIEVE THE KEY POINT IS THAT AFTER THE RATIFICATION OF THE JOINT DECLARATION ON 27 MAY 1985, NO OFFICER COULD POSSIBLY HAVE ENVISAGED THAT HE HAD A PROSPECT OF A CAREER BEYOND 1997 AS AN HMOCS OFFICER IN HONG KONG. THERE IS THUS NO JUSTIFICATION FOR PROVIDING COMPENSATION, ABOVE THAT EARNED ON THE BASIS OF SERVICE AS AN HMOCS OFFICER, TO SUCH PERSONS. WE HAVE THEREFORE CONCLUDED THAT, FOR THE PURPOSES OF ANY COMPENSATION SCHEME FUNDED BY HMG, COMPENSATION WILL ONLY BE PAYABLE FOR THE PERIOD FROM THE DATE OF AN OFFICER'S APPLICATION TO BECOME ENROLLED AS A MEMBER OF HMOCS AND (OF COURSE) HE MUST SUBSEQUENTLY HAVE BEEN ACCEPTED BY THE SECRETARY OF STATE AS A MEMBER. THIS MEANS THAT PEOPLE WHO APPLIED TO BECOME MEMBERS OF HMOCS AFTER 30 JUNE 1987 MIGHT NOT BE ELIGIBLE TO RECEIVE FULL COMPENSATION. WE USE 'MIGHT' BECAUSE IF A CAP PROVISION IS INTRODUCED SOME OFFICERS WILL STILL BE ABLE TO REACH THE CAP EVEN THOUGH THEY HAVE LESS THAN 10 YEARS OF QUALIFYING SERVICE.
L =
WE ARE CONSCIOUS THAT THIS MAY CAUSE RUCTIONS (TUR). WE
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