TNAG-0991-FCO40-1210-Policy-on-salaries-and-pensions-for-civil-service-in-Hong-Ko-1980 — Page 360

a

347

1979

}

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FF IN CONFIDENCE

FN HONG KONG 030950Z JAN 80

TO PRIORITY F C O

TELEGRAM NUMBER 17 OF 3 JANUARY

HKK 43011

RECEIVED IN REGISTRY NO. 51.

· 4 JAN1980

DESK OFFICER

L

19779

INDEX

PA

YOUR TELNO 1067 OF 31 DECEMBER: MR C V PENHEAROW.

1. I APOLOGISE FOR NOT REPLYING EARLIER TO YOUR LETTER OF

REGI

Action 1

Aw

sexy

3 OCTOBER 1979 BUT MRS PENHEAROW'S CASE RAISES THE GENERAL QUESTION OF THE EXTENT TO WHICH THE HONG KONG GOVERNMENT SHOULD COMPENSATE PEOPLE FOR EXCHANGE LOSSES IN THIS ERA OF FLOATING

EXCHANGE RATES,

2. IN A CASE OF THIS TYPE ONE NEEDS TO CONSIDER WHAT IS A

REASONABLE LENGTH OF TIME FOR THE PROCEDURES IN QUESTION. WHILE

IT IS TRUE THAT IN SOME RESPECTS THERE WAS DELAY, THERE WERE

OTHER RESPECTS IN WHICH THIS CASE WAS HANDLED EXPEDITIOUSLY.

ON BALANCE I DO NOT THINK THAT THE TIME TAKEN WAS ALL THAT

UNREASONABLE. CERTAINLY MANY STRAIGHTFORWARD PROBATE CASES TAKE

LONGER.

3. IT IS ALSO NECESSARY TO CONSIDER WHAT IS AN APPROPRIATE BASE

PATE OF EXCHANGE, GIVEN THAT EXCHANGE RATES CAN VARY QUITE

SIGNIFICANTLY FROM DAY TO DAY,

4. WE ARE NOT AVARE THAT IT IS THE PRACTICE ELSEWHERE TO OFFER COMPENSATION IN THIS TYPE OF CASE, AND WE DO NOT THINK WE WOULD BE JUSTIFIED IN DOING SO IN MRS PENHEAROW'S CASE UNLESS THERE

HAD BEEN CULPABLE DELAYS OR SOME INJUSTICE,

5. YOU HAVE AGREED THAT ANY DELAYS WERE NOT CULPABLE.

6. AS REGARDS POSSIBLE INJUSTICE, IT IS RELEVANT THAT I (ROWLANDS) ASSIGNED ONE OF MY SENIOR STAFF TO GIVE HER ALL THE

HELP SHE NEEDED, HE TOOK HER TO THE TREASURY TO HAVE EXPLAINED

TO HER THE VARIOUS THINGS SHE NEEDED TO DO TO OBTAIN LETTERS

OF ADMINISTRATION AND HE CLEARED HER VISIT TO THE PROBATE OFFICE

OF THE HIGH COURT BY ADVANCE TELEPHONE CALLS.

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