TNAG-1668-FCO40-2317-Future-of-Hong-Kong-continuity-of-administration-civil-serv-1987 — Page 133

Mr Fifoot (op

Deputy Legal Adviser

10

I have not losthed out

CONFIDENTIAL

HKK 233/2

Reference....

Separato

mine by

via

Mr

Wood thes, his will do

Legal Counsellor

wish.

HONG KONG: NEW PENSIONS SCHEME (NPS)

1.

A

B

so if you

McLand

26/2

A s

you know, NPS (and,

With apologies for Landing the attached bulk on your desk on your return to the office, I enclose a first draft of Hong Kong's Pensions Benefit Bill and Regulations 1987. this draft legislation aims to introduce Hong Kong's incidentally, Limited Compensation Scheme). So far as

I can see the new Legislation would complement Hong Kong's existing pensions Legislation (the Hong Kong Pensions Ordinance, Chapter 89), since

since serving officers would of course exercise an option under the new Bill if they wished to transfer to the NPS.

2.

The draft Looks acceptable to iny untutored eye, with one exception. Under the existing legislation (and no doubt on Long established Colonial patterns) the Governor exercises a variety of powers with the explicit sanction of the Secretary of State. A s

a preparation for the changes necessary in 1997, the new Bill contains no reference to the Secretary of State's authority This may be sensible:

it will need to be done at some stage. on this (and on the same consequential amendments needed to the existing Pensions Ordinance) are contained in the attached correspondence referred to us by ODA. I should be grateful for your views.

Hong Kong's thinking

3.

Following

I am also consulting ODA (Pensions Dept) and Govt Actuary's Dept on the drafts in parallel. Hong Kong have asked for comments by the end of the week starting 2 March. initial discussion with Mr Wood, I felt you would wish to see the attached before we reply to Hong Kong, in view of

your close interest in this and

and related subjects. It would be helpful to have your thoughts by COP 4 March. But I do

do apologise again for the short notice.

CODE 18-77

All

CE Leeks

23 February 1987

Hong Kong Department WH 312

270 2651

CONFIDENTIAL