TNAG-1828-FCO40-2596-Hong-Kong-legal-practitioners-and-judiciary-Jury-(Amendment-1988 — Page 57

PERSONAL & CONFIDENTIAL

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you would inform him that it is intended that the new pension proposals for the Judiciary will be brought into effect during this year, probably within the current legislative session. When they come into effect he would be eligible to apply to transfer to pensionable terms. If he did so, at the end of his current contract, he would, according to preliminary calculations based on his present salary, be entitled to a net HK$880,000 lump sum payment plus a monthly pension of HK$10,000 (this is calculated on the basis that he would be eligible for a gratuity of HK$1.68 million but would have to "buy back" his previous service by repaying about HK$700,000 received in contract gratuity to date plus HK$100,000 interest);

he could rest assured that, even if there was a delay in the introduction of the pension arrangements, he would be able to remain in service so that he had the opportunity to transfer to pensionable terms;

he should continue to have regular monthly checks. These arrangements could only work providing he does not allow alcohol to affect his capacity to work.

I understand that Mr Justice Barker would be able to write to me at any time giving notice of his intention to resign from the Judiciary at a specified date. There would be no objection to him applying to switch to pensionable terms after giving this notice but before the effective date of his resignation. The question of whether he would take outstanding leave before the date of the end of his current agreement would be a matter for negotiation.

Governor

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