TNAG-2100-FCO40-2989-HM-Overseas-Civil-Service-(HMOCS)-policy-matters-1990 — Page 52

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continuing pensionable service in Hong Kong after 1997 are:

(a) eligibility to fill posts in other dependent territories; and

(b) eligibility of pensions earned in post-1997 service for British inflation-proofing (para 1) and for the application of exchange rate safe-guards negotiated for pre-1997 service (para 10).

17.

status

Crown,

The Chinese would certainly not accept the maintenance of HMOCS after 1997, which, since its members are servants of the would appear to be at variance with the statement in the

Joint Declaration that foreign nationals shall be employed only in their individual capacities and shall be responsible to the SAR HMG could however easily cover unilaterally the question of transfer to other dependent territories (such as they

Government.

are in and after 1997).

18. The retention of the benefits in para 16(b) is more difficult. This would be in line with previous practice to encourage officer to stay on after constitutional change. However, our policy should

be to try to ensure that such benefits we re paid for by the SAR

government, otherwise the cost would fall to HMG; and it would be

inconsistent for HMG to make such commitments to expatriate officers who were no longer

longer in Crown Service while denying the same

same benefits

to local officers for the Crown Service before 1997. There seems no

alternative to deferring a decision on the retention of these

are better able to assess the case for helping the retain the services of pensionable officers after

or not the SAR Government would be

A decision

benefits until we

SAR Government to

1997, and to assesS whether

willing to me e t the cost.

impossible before the 1990s.

is therefore

probably

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