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that paragraph. If we proceed without consulting, I would have thought the possibility of a recourse to judicial review would be the greater and we would be more likely to incur Parliamentary criticism. But to consult the staff does not mean that one has to give effect to all they wish.
12.
As regards question (c), it is necessary to look at paragraph 6 of the 1954 Paper to see in detail what obligations there are. We could certainly take the line that the Joint Declaration serves the same purpose as a Public Officer's Agreement as regards sub-paragraphs (1) and (2) of the 1954 Paper. As regards sub-paragraphs (3) and (4), although we cannot continue to treat these people, while in the Service of the SAR,as members of HMOCS, we could, for what it is worth, do our best to give effect to the reemployment aspects and say that we are prepared to consider suitably qualified individuals for those very very few appointments left in other territories. We could probably come to an arrangement with the SAR about preservation of pensions. think that sub- paragraph (5) is probably accommodated by the existing supercession scheme, but I have no idea whether we have an ODA employment bureau. Sub paragraph (6) is of course the subject to the main part of this minute.
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13. As regards question (d), if we do not give people the option to leave with their earned pensions, then their argument for inflation-proofing the post-1997 element becomes the stronger.
14.
As regards question (e) I have advised you separately that it would be folly not to consult the Chinese if we are to make payments from HMG to persons continuing to serve in the SAR. If we are to consult the HMOCS staff before the scheme goes firm, which is the most advisable thing to do, then we should complete that consultation before we consult the Chinese.
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Paul Fifoot
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