the option of early retirement, with compensation, at independence. What we are proposing for Hong Kong is therefore a break with tradition. But the situation in Hong Kong is unique: HMOCS members
have a binding international agreement that they may continue in
service with their terms and conditions no less favourable than
before.
6. OSPA are trying to suggest that previous statements in the
House, combined with precedent, suggest that there "must be" a
general compensation scheme which will enable officers to retire
prematurely in 1997. Legal advice is that we have no legal
obligation to grant early retirement: that this is a matter of
policy; but that the possibility of a Judicial Review cannot be
excluded.
7. The draft letter does not set out what we do intend. Mr Fifoot,
Legal Adviser, has suggested that it is perhaps better not to make reference to what we plan to do as this may only arouse suspicion or give OSPA an additional opportunity to attack us. However, we can be certain that when we do promulgate the compensation scheme, there will be strong calls for HMOCS members to be given the option to retire with (early) payment of pension in 1997.
8. Because we are not yet in a position to say what arrangements we will introduce, Legal Advisers consider that we should merely state that continuing thought is being given to the issues raised by Mr Pusinelli and that the Government hopes to be able to make an
announcement soon.
Michl ustare.
M V Stone
I have discussed the draft reply with Mr Store, Who has incorporated a number of suggestions in a clean dralt. I am now content.
lan
an
W307
Page 75Page 76
No comments yet.
Private notes are available after approval.