TNAG-2097-FCO40-2986-HM-Overseas-Civil-Service-(HMOCS)-general-correspondence-1990 — Page 117

CONFIDENTIAL

ROBACK

file

Si

Foreign and Commonwealth Office

London SW1A 2AH

Head 256la Heee)

Mr Keith Shipley Civil Service Branch Government Secretariat... HONG KONG

Telephone 01- 270 2651

Your reference

Our reference

HKK 256/2

Date

7 December 1987

Dear Keith

HMOCS

Note

Qualifits by later letter

decisions have yet been ther

extant two Hmocs benefit

with anjong just 1997.

~~218

04

1.

I now have an

to the second point you raised in your letter ref CSB-S/4 dated 22 September.

2.

The short answer is that assuming there is no change in the current pension increase legislation provisions in the interim, the element of pensions earned in Hong Kong after 1997 will attract SPOS.

Entitlement to SPOS emanates from Section 11 of the Pensions (Increase) Act 1971. The criteria are:

"A pension in respect of service under the government of an overseas territory by a person who:

(a)

(b)

was at any time selected for initial appointment to service under the government of an overseas territory by a Minister of the Crown in the United Kingdom, or was recruited by the Crown Agents for Overseas Governments or Administrations;

or

was at any time recruited to a post for which, in the opinion of the Secretary of State, a normal channel of recruitment would have been either the Colonial Office or the Crown Agents for Overseas Governments and Administrations; or

was at any time a member of HMOCS or HMOJ; or

(c)

(a)

was at any time a designated officer under an Overseas Service Aid Scheme Agreement".

There are plenty of precedents in that every officer who continued. to serve post independence and who qualifies under Section 11 of

CONFIDENTIAL