TNAG-2268-FCO40-3267-Hong-Kong-Her-Majesty-s-Overseas-Civil-Service-(HMOCS)-poli-1991 — Page 4

:

政司署

CONFIDENTIAL

BY

BAG

GOVERNMENT SECRETARIAT

LOWER ALBERT ROAD

HONG KONG

港下亞畢道

GF

RER

811

本署檔號 Our Ref:

(11) in AP 221/9-C (90) II

* YOUR Ref :

PA

6kx.

In Store

Grateful for

corice as

this one.

19 June 1991

2776.

As Foglin

Mr. M.V. Stone,

Hong Kong Department,

Gih Tiğini

Foreign and Commonwealth Office, LONDON

Dear Mike,

HKB 233 /

I think

will weed you to dig out to 1987 thes to see what exchanges we had with an

Legal advices.

subject to that, you

will weed to send this material to them ad book their advice. The matters seem to

be legal rather than policy

Localisation of UK Laws on Civil Service Matters

We last consulted you in January 1987 (Annex A) on,

inter alia, which UK pensions legislation applicable to Hong Kong needed to be localised and incorporated into the laws

of Hong Kong. You advised vide telno 1162 of 23.4.1987 (Annex B).

15/7

attached,

In the light of your advice, we have given careful consideration to the matter and we would like to seek your further advice on the following points

(a) Para 2(c) of your telno 1162 seems to suggest that sections 38 and 39 of the Superannuation Act 1965 need to

be incorporated into the Hong Kong pensions legislation if Rule 2.29 of the UK Principal Civil Service Pension Scheme (UKPCSPS) is to continue to apply, after 1997, to service in Hong Kong. As we see it, these two sections of the Act amount to enabling legislation empowering the Minister for the Civil Service to make rules for pensions of officers employed in more than one public service. Indeed, Rule 2.29 of the UKPCSPS

CONFIDENTIAL