TNAG-2269-FCO40-3268-Hong-Kong-Her-Majesty-s-Overseas-Civil-Service-(HMOCS)-poli-1991 — Page 235

Pp

CODE 18-77

CONFIDENTIAL

Reference

Mr Foy

Pensions Policy Department

ODA

(132)

нкВ 233/

HONG KONG LOCALISATION OF UK LAWS ON CIVIL SERVICE MATTERS

1. I have received the attached letter from the Hong Kong Government about localising in Hong Kong relevant UK laws on Civil Service matters. This matter last came up in January 1987 and was dealt with by Mrs Johnson.

2.

I would be grateful for your comments on the matters the Hong Kong Government raise. I would also be grateful if you could find any papers from 1987 or earlier which may explain the factual background. It seems that as most of the legwork on this was done by the ODA, and because four years have elapsed since the last communication on this, our legal advisers are unable to make full comments on Hong Kong Government's suggestions without further information.

3.

More specifically, our legal advisers have asked why the 1965 Superannuation Act (Sections 38 and 39) might be relevant to Hong Kong and whether rule 2.29 of the UKPCSPS will continue to apply after 1997, to service in Hong Kong. Is the problem only about British civil servants who are serving or have served in Hong Kong and preserving their pension rights? Also, is there any other UK legislation which may be relevant to Hong Kong?

Puma Williams вина

G J Coglin

Hong Kong Department

WH 303

270 2652

9 September 1991

WINANH

CC

CONFIDENTIAL