TNAG-2096-FCO40-2985-HM-Overseas-Civil-Service-(HMOCS)-general-correspondence-1990 — Page 134

Mr Stone, HKD

Pa

From:

Date:

Paul Fifoot

Legal Advisers

27 March 1990 W 343114

RECEIVED !":

nec

HWB4344

9 APR 1990

Buz

MR MCINTYRE: PENSIONS

I refer to what I assume is your minute of 23 March referring to Mr Cheng's letter of 16 March.

1.

I think it is likely that sub-paragraph (a) is correct given the date of CAP 89, but I have not checked the model against the Ordinance. Hong Kong should know the answer.

2.

3.

4.

Sub-paragraph (b) sounds right.

As regards sub-paragraph (c), I do not know what Mr Cheng means by "and any inequity will be subject to judicial intervention". If the administration of the Pensions Law does not conform with the law, then, on the basis that Hong Kong pensions are now governed by law, the courts may intervene. But if the provisions of the law themselves are inequitable, the court will not have power to intervene.

DMEAAL

Paul Fifoot

19

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