CONFIDENTIAL
C.
HMOCS
178. The draft agreement on the future of Hong Kong provides satisfactorily for continuity of service by serving officers in the
public service in Hong Kong, on terms and conditions, including pay
and pensions, no less favourable than before 1 July 1997. These
provisions apply to members of Her Majesty's Overseas Civil Service
(HMOCS) serving in Hong Kong as well as to other civil servants.
The resumption of sovereignty over Hong Kong by the People's
Republic of China raises similar issues in respect of HMOCS as
independence has in other dependent territories. It is not
possible, however, to define now, 12 and a half years in advance of
constitutional change, all the arrangements which will apply to
members of HMOCS serving in Hong Kong and to the payment of their pensions by the Hong Kong Special Administrative Region Government
after 1 July 1997.
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COMPENSATION ARRANGEMENTS
179. As I have told the Hon Member for Orpington in a written reply, no compensation arrangements have yet been made for HMOCS officers affected by constitutional change in Hong Kong.
EXCHANGE RATE SAFEGUARDS
180. Such a measure is normally the subject of arrangement entered in by HMG and the successor government and negotiated immediately
prior to constitutional change.
TAKE-OVER OF HONG KONG PENSIONS
181. The appropriate legislation gives HMG the power to take over pensions arising from service in a dependent territory. It does not
require HMG to do so.
CONTINUATION OF HMOCS IN HONG KONG AFTER 1997
182. Section IV of Annex I to
the Chinese Government on the
the Joint Declaration between HMG and
future of Hong Kong states that
foreign nationals employed by the Hong Kong Government after
1 July 1997 "shall be employed only in their individual capacities
The and shall be responsible to the Hong Kong SAR Government". implications for HMOCS status and benefits are being considered.
CONFIDENTIAL
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