TNAG-2096-FCO40-2985-HM-Overseas-Civil-Service-(HMOCS)-general-correspondence-1990 — Page 179

布政司署

香港下亞畢道

本署檔號 Our Ref: (60) in MCI/WM/1

來函檔號 YOUR REF:

Dear Sir,

I enclose а letter dated

14

Ря

GOVERNMent secRETARIAT

LOWER ALBERT ROAD

HONG KONG

16 March 1990

15 February 1990 from Mr W M McIntyre, Superintendent of Police, who was appointed to the Hong Kong Government on 22 March 1978 on agreement terms and transferred to pensionable terms in 1985 after buying

buying back his service since the date of his first appointment.

Back in 1985, Mr McIntyre asked for an undertaking from both Her Majesty's Government and the Hong Kong Government that he would be treated not less favourably than those who were first appointed on pensionable terms, and the position would not change after the initialling of the Sino-British Agreement on the future of Hong Kong. For ease of reference, I enclose herewith copies of the previous correspondence on this subject.

(a)

(b)

(c)

We propose to give a reply on the following lines

The Pensions Ordinance and Regulations, Cap. 89, which govern the Old Pension Scheme, were enacted in 1949 having been suitably adapted from the Model Ordinance and Regulations prepared by the United Kingdom Government;

Her Majesty's Government was consulted at the time the New Pension Scheme was drawn up; and

it is not the practice of Her Majesty's Government to give the guarantees that you have requested. However, pensions of Hong Kong civil servants have been made a right since 1987. Payment of pensions is now governed by the pensions legislation and any inequity will be subject to judicial intervention. The position explained in the letter dated 20 September 1985 will not be affected with the transfer to the New Pension Scheme.

Yours faithfully,

(C K Cheng)

for Secretary for the Civil Service

Foreign and Commonwealth Office

LONDON SW1A 2AH

ENGLAND

Encls.

HWB 43/14

RECEIVEŃ IN:

9 APR 1990