TNAG-1668-FCO40-2317-Future-of-Hong-Kong-continuity-of-administration-civil-serv-1987 — Page 108

400

GRS400 CONFIDENTIAL

FM HONG KONG

TO IMMEDIATE FCO

TELNO 1099

CONFIDENTIAL

OF 19091OZ MARCH 87

FOR LEEKS FROM SHIPLEY:

(Ref)

YOUR TELNO 820: NEW PENSION SCHEME: DRAFT LEGISLATION.

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THANK YOU FOR TUR. WE FULLY APPRECIATE THE POSITION WITH REGARD TO THE SECRETARY OF STATE'S CONTINUING RESPONSIBILITY FOR THE PUBLIC SERVICE.

2. AS REGARDS THE QUERIES RAISED BY YOUR LEGAL ADVISERS IN PARA. 7 OF TUR THE ANSWERS ARE AS FOLLOWS:-

(A) WE TOO HAD NOTICED THIS INCONSISTENCY AND THE DRAFT HAS BEEN AMENDED TO PROVIDE THAT THE FUNCTIONS UNDER BOTH CLAUSE 27 AND CLAUSE 29 ARE CONFERRED ON THE GOVERNOR WITH APPEALS AGAINST THE GOVERNOR'S DECISIONS LYING TO THE GOVERNOR IN COUNCIL:

(B) THIS HAS BEEN INSERTED AT THE REQUEST OF THOSE WHO DEAL WITH PENSIONS AND THEIR PAYMENT. EVIDENTLY INDIVIDUAL CASE ARRIVES WHICH CAN ONLY BE DEALT WITH BY AMENDING THE LEGISLATION PENDING WHICH BENEFITS CANNOT BE PAID. THIS CLAUSE IS THERFORE INTENDED TO PROVIDE THE GOVERNMENT WITH FLEXIBILITY IN DEALING WITH SUCH CASES. HOWEVER, IT IS DIFFICULT TO IDENTIFY EXACTLY IN WHICH AREAS THE NEED FOR SUCH FLEXIBILITY WILL ARISE IN THE FUTURE AND THUS THE REFERENCE TO ANY PROVISION. YOU WILL HAVE NOTED THAT AMENDMENTS CAN ONLY BE MADE IN ORDER TO BENEFIT AN OFFICER OR HIS DEPENDANTS. DO YOU SEE ANY PROBLEMS?.

CONFIDENTIAL