TNAG-2096-FCO40-2985-HM-Overseas-Civil-Service-(HMOCS)-general-correspondence-1990 — Page 105

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

Mark

We have today

send a draft

Celter down to Ma

Mauche

When

all

Bottomley. of comes back

trese endosures should

entered

Mr Stone, HKD

be

about as

From:

Date:

Paul Fifoot

Legal Advisers

27 March 1990 HUB 430/4

RECEIVED IN RECISTRY

(how

DES

with ch a huge awried)

- 9 APR 1990

3/4

HMOCS

1.

I refer to your minute of 9 March regarding the draft reply to Mr Bottomley. The general point that I would make here, as in previous minutes on this subject, is that, until we have gone firm on what we propose to do about HMOCS, it is undesirable to hint at provisions which give the impression that we will follow precedent as regards compensation schemes. It is best to content ourselves with saying that the provisions regarding members of HMOCS are still under consideration and it is hoped to make an announcement shortly.

With regard to matters of detail, I have the following comments:

2.

No

Third paragraph: In his letter Mr McIntyre confuses, fairly understandably, a Public Officers Agreement (POA) and a Compensation Agreement. In your paragraph 3 you deal with the POA aspects, but although you refer to the Secretary of State's obligations towards HMOCS, you do not refer to the Compensation Scheme aspects.

Fourth paragraph: I would have thought that it would be sensible to direct the last sentence of this paragraph to the existing Limited Compensation Scheme, ie "the Limited Compensation Scheme which has already been introduced by the Hong Kong Government makes provision for compensating the few exceptions to this for the loss of career".

Fifth paragraph: This paragraph is pretty disingenuous, and the least dangerous thing to say is to confine yourself to the last sentence.

Sixth paragraph: As in the minute I suggest deleting "at this stage" and the last sentence.

Seventh paragraph: I have already minuted to you on the position with regard to allegiance.

Eighth paragraph: Again this is pretty disingenuous. don't think anyone would raise a point about the need for any government, or indeed any other employer, to

H

DMEAAM

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