TNAG-1668-FCO40-2317-Future-of-Hong-Kong-continuity-of-administration-civil-serv-1987 — Page 110

@CMIAN 2493

CONFIDENTIAL

OO HOKON

FM FCOLN TO HOKON

181245Z MAR

GRS 615

CONFIDENTIAL

FM FCO

TO IMMEDIATE HONG KONG

TELNO 820

OF 181245Z MARCH 87

CONFIDENTIAL

233/2

TOP COPY Q DIST ?

24

42493 1

FOR SHIPLEY FROM LEEKS

Ey

OUR TELNO 655 AND YOUR TELNO 1008: NEW PENSIONS SCHEME: DRAFT

LEGISLATION

1.

2.

THANK YOU FOR YOUR TUR. MY APOLOGIES FOR THE DELAY IN

TELEGRAPHING OUR FURTHER THOUGHTS ON YOUR DRAFT LEGISLATION.

WE HAVE CONSULTED OUR LEGAL ADVISERS ON YOUR DRAFT THEY

HAVE IN THEIR COMMENTS RESTRICTED THEMSELVES LARGELY TO THE

POINTS RAISED IN PARA 2 OF OUR TUR AND PARA 3 OF YOURS. THEY HAVE ALSO CONSIDERED YOUR PROPOSAL REGARDING REFERENCE TO THE

SECRETARY OF STATE IN YOUR EXISTING PENSIONS LEGISLATION (WILLIS'

LETTER OF 14 JANUARY TO NEWBY, ODA).

3.

LEGAL ADVISERS NOTE THAT UNDER THE MAIN PENSIONS ORDINANCE (CAP 89), THE SECRETARY OF STATE HAS POWERS IN RELATION TO THE AMENDING OF REGULATIONS (THESE ARE PARTICULARLY RELEVANT AS REGARDS QUOTE OTHER PUBLIC SERVICE UNQUOTE) AND WITH REGARD TO RETIRED OFFICERS WHO ARE NOT RESIDENT IN HONG KONG (CAP 89, SECTIONS 13(3) AND 15(1)). THEY ALSO NOTE THAT THERE ARE NO

COMPARABLE PROVISIONS IN YOUR PRESENT BILL.

4.

WE AND LEGAL ADVISERS TAKE THE POINT THAT YOU PROPOSE TO MIT SUCH PROVISIONS AS PART OF YOUR QUOTE LOCALISATION UNQUOTE

OF YOUR PRESENT LAWS. AS WILLIS' LETTER TO NEWBY OF LU OCTOBER

1

CONFIDENTIAL