HKD
Foreign and Commonwealth Office
London SW1A 2AH
From The Minister of State
The Hon Francis Maude MP
FNM Pusinelli Esq Chairman
Overseas Service Pensioners' Association
63 Church Road
Hove
Sussex BN3 2BD
Dear Mr Pusinelli,
20 June 1990
Mistme
√22/
22
%
Thank you for your further letter of 25 April about HMOCS members in Hong Kong.
I note what you say about the Joint Declaration. We are agreed that the situation in Hong Kong is different from that of those former British Territories which moved towards independence. However, I do not accept that the transition of Hong Kong to a Special Administrative Region of China will create a situation for HMOCS members which is materially different, as regards continuity of service, from that of HMOCS members who served in other former British territories which subsequently became independent states. The Joint Declaration enshrines an obligation on the successor sovereign state to provide continuing service and preservation of the terms of service, for public servants previously serving in Hong Kong. In addition, China has reflected its undertakings in the Basic Law it has established for Hong Kong.
I do not believe that I have underestimated the significance of the ineligibility of non-Chinese nationals to serve in certain posts and I agree that this may well affect serving officers' career prospects. That is why a limited compensation scheme has been established. This scheme is already in operation. Expatriate officers who are required to retire before their normal retirement age or who are superceded for promotion to facilitate localisation are eligible for compensation under the scheme.
Finally let me again reassure you that the concerns of HMOCS members are being actively considered and we hope to make as soon as possible an announcement about how we intend to meet these concerns.
Francis Maude
Yours sincerely,
Approved by the Minister and signed in his absence
Valerie Ewan
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