concerned, we think that the best way of doing this would be to put a paper to the Chinese through the JLG office in Hong Kong and to ask for their response, without ourselves proposing that it be placed on the JLG agenda. If the Chinese themselves propose this,
we would not seek to resist it. But we would make clear that the
obligations of HMG to HMOCS officers were an internal matter for us
and that while we would want to discuss the matter fully with them,
we would in the end have to decide ourselves how those obligations
should be met.
21. It will obviously be important to ensure that the process of consulting the Chinese does not lead to extensive delays in announcing the scheme. It would probably be tactically unwise to set a deadline at the outset for the conclusion of discussion with
the Chinese. But we should give the Chinese a clear idea of the timescale on which we were working and might need to introduce a
deadline at a later stage if the Chinese were not cooperative.
Consultation with HMOCS Staff Associations
22.
Another hoop to be gone through before we can announce the scheme is consultation with the staff associations in Hong Kong.
Consultation with the relevant staff associations is a requirement laid down in the 1960 White Paper. If we proceed without consulting, the possibility of a recourse to judicial review would
be greater.
23.
We must be prepared for severe criticism by the staff associations, Overseas Service Pensioners Association and, possibly, by certain MPs (eg. Mr Stanbrook). They will claim that we have failed to fulfil our responsibilities to HMOCS members in Hong Kong; that compensation and the right to retire early with immediate payment of pension has been granted in the case of all other British dependent territories; and that the consideration that is given to inducement to serve the sar government is out of all proportion to the consideration given to compensation for loss of career under the
WEDABH/8
CONFIDENTIAL
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