TNAG-0314-FCO40-350-Appointments-to-judiciary-of-Hong-Kong-1971 — Page 49

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

HKK 14/14

45

п

В свою

En

13/8

BU / mulk

Нату

1.

will

Hany and all my back 21/9.

West haspromised his family sum

Comments

BU 2 wks

of 21/9/11. West has still not done any thing hany been very borry, bond promises

to with on the next week.

LACT

5/11/71

075

4.

Mr J L West (Pensions Branch, Overseas Manpower

Department I, ODA)

HONG KONG JUDICIARY:

1.

PENSIONS

X338

You will perhaps remember your exchange of vien with Mr Carter, my predecessor, in April 1969 about pensions for judges in Hong Kong.

2. Since then we have had 2 letters from Mr Simpkin to Mr Kinear in December 1970 and in July 1971.

Spe

3. I am referring this question back to you because our legal adviser has recently proposed a much more radical approach to this problem. He has suggested that consideration might be given to a special arrangement on the following lines for a judge appointed from the local Bar to the Supreme Court of Hong rong:

The Judge, on appointment, to be given the option of

(a) curning a normal (non contributory) pension under the Tensions Ordinance during his service as a judge but without the necessity of doing ten years' qualifying service; or

(b) earning e special pension at a higher rate on a contributory basis, again without the necessity for ten years qualifying service, the judge's contribution towards the cost of the pension to be effected by means of an appropriate deduction from such monthly instalment of his salary while ne is serving as a judge with an appropriate matching contribution from Hong Kong funds:

or

(c) earning no pension but a special gratuity on retirement.

In sending us this suggestion our legal adviser commented as follows -

"It seems to me that the ordinary permanent and pensionable members of the Hong Kong service could not reasonably object to the grant of a special pension at an enhanced rate if part of the cost of the pension were borne by the judge himself from his salary.

Hong Kong judges receive generous salaries so the judge concerned ought to be able to afford to pay a fairly substantial contribution to the enhanced pension without hardship, particularly if ander the income tax laws of Hong Kong he could obtain tax relief on his contributions.

The special contributory pension could be provideć either from Hong Kong funds or purchased from a suitable business firm specializing in life assurance, annuities and the like. The latter might be particularly apt where the judge had already made arrangements with a firm for a contributory pension while practising at the Bar. If a firm provided

/the

1

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