TNAG-1668-FCO40-2317-Future-of-Hong-Kong-continuity-of-administration-civil-serv-1987 — Page 100

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JUSTICIABLE AND THEREFORE THERE IS AN EXTRA PROTECTION, EITHER

SUBSTANTIVE OR PROCEDURAL, AVAILABLE IN THE COURTS.)

3.

ON YOUR PARA 4, OUR LEGAL ADVISERS CONTINUE TO BE

CONCERNED ABOUT CLAUSE 33 NOTWITHSTANDING IT CAN ONLY OPERATE FOR

THE BENEFIT OF A PARTICULAR OFFICER OR HIS DEPENDANTS. THEY ARE

ALSO INCLINED TO THINK THAT LEGCO WOULD BE CONCERNED ABOUT SUCH A

CLAUSE AS IT ENTITLES THE CIVIL SERVICE TO CHANGE THE RULES

SUBJECT TO WHICH PUBLIC MONIES ARE GRANTED: AND THEY

WOULD LIKE TO BE

SURE THAT THE POLITICAL ASPECTS OF THE MATTER HAVE BEEN

CONSIDERED AS WELL AS THE PURELY PENSION MANAGEMENT ASPECTS. IF

THE CLAUSE IS TO BE RETAINED, ONE POSSIBILITY WOULD, THEY

SUGGEST, BE TO BUILD IN A LEGCO SAFEGUARD. A POSSIBLE SAFEGUARD

WOULD BE TO REQUIRE THAT ANY ACTION UNDER THE CLAUSE SHOULD BE

REPORTED TO THE FINANCE COMMITTEE OF LEGCO. YOU MAY WISH TO GIVE

THIS SUGGESTION FURTHER THOUGHT.

4.

ON YOUR PARA 5, I FULLY TAKE YOUR POINT, AND SHALL NOT

PRESS THE ARGUMENT: ALTHOUGH I WONDER HOW FAR THE ADMINISTRATIVE

ROUTE WILL IN FACT ENABLE YOU TO AVOID THE RISK YOU OUTLINE.

HOWE

OCMIAN 7428

HONG KONG AGREEMENT: RESTRICTED

LIMITED

HD/HKD

HD/FED

RESEARCH D. (FE)

DEP.HD/PUSD

PS/MR RENTON

MR MCLAREN

MR GILLMORE

COPIES TO:

C

1

MR FIFOOT, LEGAL ADVISERS

MR POWER PENSION DEPT.ODA. MR FOSTER GOUT. ACTUARY'S D

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