TNAG-2101-FCO40-2990-HM-Overseas-Civil-Service-(HMOCS)-policy-matters-1990 — Page 67

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sterling. A Public Officers Agreement (POA) had also been

negotiated in other DTs which guaranteed the sterling value

of HMOCS pensions. Most of the features of these POAS were

contained in the Joint Declaration (JD) with the exception

of the safeguard for pensions. Mr Paul asked if a POA would

be necessary and appropriate in Hong Kong's case and if

there was likely to be any pressure for one to be signed. Mr Fish said that some pressure was likely. Mr Shipley pointed out that in other DTS the negotiation of a POA had

preceeded the constitutional instruments (ie. the

independence constitution) in Hong Kong the Joint

Declaration and the Basic Law were already in existence.

3.

Mr Rayson asked if it was possible to clarify exactly

what HMG's legal commitments were. Colonial 306 had not

mentioned exchange rate safeguards, this was contained in

POAS for other DTs. Mr Kerby said that sterling safeguards for pensions had been a policy decision following on from

Col 306 and Cmnd 1193. Mr Fish reiterated that most

provisions made in the POAS in other territories were made

in the JD except the safeguard for the sterling value of

pensions. Mr Fifoot added that there were strong

expectations by members of HMOCS in Hong Kong that the same guarantee would be given to them.

4.

Mr Rayson asked Mr Fifoot what HMG was legally bound to do. Mr Fifoot replied that Col 306 did not provide any legal basis but that it was a clear statement of policy which had led to strong expectations. Statements made by

Ministers in subsequent correspondence about this had

reinforced this policy toward members of HMOCS. Although HMG was not obliged by statute or contract, it accepted its

responsibility to fulfil the expectations which stemmed from

statements made in Col 306, expanded in Command 1193. These

statements were a reason why officers continued to join

HMOCS (and why HMG enrolled them).

JL6AAK/2

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