1ST FAX TO: 071

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270 3387

1+ 4

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2ND FAX TO: 0372 723755

TO:

NIGEL WHITNEY HKD/FCO

LONDON

FROM: ALAN N MCDONALD

OPD/ODA

EAST KILBRIDE

GTN TEL NO: 7243

TEL NO:

CC: PAUL FIFOOT

AH. 527:

3576

0355

84

-

3576

HKD/FCO LEGAL ADVISER

GTN FAX NO: 7243

FAX NO:

0355

4099 84

-

- 4099

Dear Nigel

HONG KONG: DRAFT COMPENSATION SCHEME

I am sorry it has taken me so long to let you have what I hope will be our final "written" comments on the draft Compensation As I said on the Scheme for HMOCS officers in Hong Kong. telephone last week, it might be useful for us to meet in London sometime next week sort out any outstanding issues before you send the Scheme across to the Treasury for clearance. return to this at the end of the minute.

I shall

2. I trust Paul received my minute of 23 June (our response to his FAX minute of 3 June). My further comments are as follows:

"appointed day" - On reflection, I do not think the definition fully covers what HKG has in mind, re early retirement. See HK Circular addressed to all HMOCS officers under cover of Mike Water's letter of 15 October. The appointed day in relation to those who proceed on pre-retirement leave must be their date of retirement and not the date they proceed on leave.

J

"normal retirement age" Are we absolutely certain that the

relevant pension laws and retirement ages specified in

HK and Paul to advise. (c), (d), (e), (f) and (g) are correct? For example in the case of a judges of the District Court appointed before 1 January 1987 the retirement age is specified as 60 - see (d). Were such judges given the option of the later retirement age of 65 to bring them into line with (e)? If so we shall have to cover this in the Scheme. Incidentally, I have asked GAD to prepare a third table to cover the 65 group. I hope we are not wasting our time and indeed the Treasury's money!! I take it that such tables were not needed for the LCS because the new retirement ages for judges were not introduced until after the operative date of the LCS?

TOOD

469 ON

25:1

£6/11/22

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