TNAG-2097-FCO40-2986-HM-Overseas-Civil-Service-(HMOCS)-general-correspondence-1990 — Page 114

CODE 18-77

Mr Fifoot, Legal Advisers

Mr Fish, ODA

File

CONFIDENTIAL

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RODACU

Reference

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MPS LETTER: MR MCINTYRE: HMOCS MATTERS

I enclose a letter from Mr Bottomley dated 7 August and a copy of the letter sent to him by Mr McIntyre dated 19 July.

1.

2. The only part of the letter which concerns me is the middle of the second last paragraph, dealing with the loss of "any right to compensation or pensions protection" stemming from the loss of HMOCS membership after 1997. The only previous open correspondence I can find on this is on pages 2 and 3 of

Mr Luce's letter of 15 April 1985 attached. This says we are still thinking about whether pensionable service after 1997 would attract SPOS. I also have a copy of a letter dated 7 December 1987 from one of my predecessors, Mr Footman, which seems to set out the factual position on SPOS but which has a note on the top right hand corner which suggests otherwise. The follow up letter of 24 June 1988 is not very enlightening.

3. I would have thought that we could and should be able to state that any person who was an HMOCS member before 1997 and who continues in the service of the SARG (as we hope he will) and subsequently retires, will be eligible for the same protection of pension by HMG as a Hong Kong HMOCS officer who retires before 1997. We could not, of course, spell out exactly what that protection would be although the SPOS element appears to be covered by law.

•

I would be grateful for your comments on this question generally and on whether we can at present go further than the attached "non reply" to Mr Bottomley. If we cannot, we certainly need to sort out our policy before we promulgate the compensation scheme.

21 August 1990

Mühl ustar

M V Stone

Hong Kong Department

WH311

270 2651

CONFIDENTIAL