TNAG-1125-FCO40-1400-British-Nationality-Act-1981-and-the-Dependent-Territories-1982 — Page 5

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

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Phise. no.520

HER MAJESTY'S OVERSEAS CIVIL SERVICE

(A) Explanatory Note

Her Majesty's Overseas Civil Service was established as such in 1954 as a result of a report (Colonial No. 306) by Her Majesty's Government in which the need to safeguard the interests of Overseas pensionable officers serving in territories which attain self-government was recognised.

The following is an extract from that report :-

"6. Her Majesty's Government in the United Kingdom recognise that they have a special obligation towards those officers of the Colonial Service who hold their present posts as a result of having been selected for them by the Secretary of State. So long as Her Majesty's Government retains responsibility for the Government of the territory in which they are serving the necessary safeguards are provided by the Colonial Regulations or the constitutional instruments. Should the territory in whose public service they are employed attain self- government, these officers are entitled to expect that the following conditions will be observed:-

(1) so long as they remain in their existing employment, the Government of the territory concerned shall not alter their terms of service so as to make them less favourable than those on which the officers are already serving; (2) the pensions and other benefits for which they or their dependents may be qualified under existing laws and regulations shall be similarly safe- guarded;

(3) they shall continue to be regarded by Her Majesty's Government in the United Kingdom as members of Her Majesty's Service and as such to be eligible for consideration for transfer or promotion to any posts which the Secretary of State may be requested to fill in other territories; (4) the government by which they are employed will not unreasonably withhold consent to their accepting any such transfer or promotion and will preserve their existing pension rights on transfer;

(5) they will be given adequate notice of any intention to terminate their employment in consequence of constitutional changes and Her Majesty's Government in the United Kingdom will endeavour to find them alternative employment should they so desire.

(6) in the event of premature retirement resulting from constitutional changes they will receive compensation from the government of the territory concerned.

7. Her Majesty's Government in the United Kingdom accordingly make known their intention, if and when a territory attains self-government, to ensure the observance of these conditions by securing their embodiment in a formal agreement, to be entered into between Her Majesty's Government in the United Kingdom and the government of the territory. The agreement will also provide for the continuing payment of pensions already awarded to officers and their dependants.

8. In order that from now on all concerned may be clearly aware of their rights and obligations, a list will be compiled of all officers now in the Colonial Service to whom Her Majesty's Government in the United Kingdom regard the arrange- ments outlined in the last two paragraphs as applying. The officers included in this list will be given a new corporate title and will be known as Her Majesty's Overseas Civil Service."

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