TNAG-2096-FCO40-2985-HM-Overseas-Civil-Service-(HMOCS)-general-correspondence-1990 — Page 89

29 JAN 90

OVERSEAS SERVICE

SERVICE PENSIONERS' ASSOCIATION

PRESIDENT :

The Lord Grey of Naunton, GCMG GCVO OBE

SECRETARY :

Mr. C. D. Stenton

63 CHURCH ROAD

HOVE SUSSEX

BN3 2BD

Telephone: Brighton (0273) 721630

Your Ref:

Our Ref: FNMP/RJH/F3HK

The Hon. Francis Maude, M.P., Minister of State,

Foreign & Commonwealth Office, London,

SW1A 2AH.

Dear Minister,

th

26 January, 1990

• Paul, HICD Grateful for draft reply.

V. Ewan 1/2

AW

212

PS | Mr Maude

attached

One of our associate members serving in the Royal Hong Kong Police Force has sent us a copy of your letter of 21st August 1989 to his Member of Parliament, who had written to the Secretary of State on 26th July regarding the police officer's future in the service in Hong Kong. Your letter has caused considerable disquiet in the Service in Hong Kong as it seems to go back on some of the assurances which have previously been given.

Whilst the second paragraph of your letter reflects the first paragraph of Section IV of Annex I of the Joint Declaration, the emphasis on 'all public servants may remain' is weakened by the latter part of the second paragraph of that Section, as now reflected in Article 100 of the February 1989 Draft of the Basic Law, by excluding employment in a number of major posts. The holders of those posts in 1997 if not 'Chinese citizens among permanent residents of the Region' will have to retire and the restriction of those posts to Chinese citizens will reduce the promotion opportun- ities for non-Chinese citizens who are holding lower posts.

In the debates in both Houses of Parliament Ministers have repeatedly said (for example: Baroness Young in the House of Lords. on 10.12.84 Hansard col.82)

"The resumption of sovereignty over Hong Kong by the People's Republic of China raises similar issues in respect of HMOCS as independence has in other dependent territories.

I

can assure (Lord Gridley) however that Her Majesty's Government have very much in mind the concerns of HMOCS officers which he has mentioned as well as those of other Hong Kong civil servants. !!

This assurance was repeated and amplified in Mr. Luce's letter to me dated 15th April 1985 when in particular he said:

"the Government accept that we should aim to achieve suitable compensation arrangements for members of HMOCS (and indeed for other pensionable overseas civil servants in Hong Kong) who are affected by the Sino-British agreement and the Chief Secretary of Hong Kong has accepted in the legislature that there will need to be a compensation scheme for those expatriate civil servants who are affected in 1997 by the terms of the agreement.

../..