TNAG-2097-FCO40-2986-HM-Overseas-Civil-Service-(HMOCS)-general-correspondence-1990 — Page 142

RESTRICTED FM FCO

TO TELELETTER HONG KONG

TELELETTER

OF 301230Z MARCH 90

RESTRICTED

ACTION COPY

C05205

FOR CK CHENG, CSB

FROM STONE, HKD

YOUR REF 60 IN MCI/WM/1 DATED 16 MARCH 1990

LETTER FROM MR MCINTYRE

1.

WE ARE CONTENT WITH YOUR SUGGESTED LINE IN PARAS (A) AND (B). ON (C), WE ARE NOT SURE WHAT YOU MEAN BY QUOTE AND ANY INEQUITY WILL BE SUBJECT TO JUDICIAL INTERVENTION UNQUOTE. IF THE ADMINISTRATION OF THE PENSIONS LAW DOES NOT CONFORM WITH THE LAW, THEN, ON THE BASIS THAT HONG KONG PENSIONS ARE NOW GOVERNED BY LAW, THE COURTS MAY INTERVENE. BUT IF THE PROVISIONS OF THE LAW THEMSELVES ARE INEQUITABLE, THE COURT WILL NOT HAVE POWER TO INTERVENE. YOU MAY WISH TO REDRAFT (C) TO ENSURE THAT THE CORRECT MEANING IS REFLECTED.

SIGNED MICHAEL V STONE

A: CSB (ATTN: C.K.CHENG)

D: NIL

ac

RESTRICTED