HKA 016/1
RECEIVED
ISTRY
03 APR 1992
DESK OFFICEA
象
Miss Williams HKD
FROM:
Miss S Brooks
Legal Counsellor
DATE:
9 March 1992
19
p.a.pts CS: General
Forcy Ow2/4
HONG KONG LOCALISATION OF UK LAWS ON CIVIL SERVICE MATTERS
1. Mrs McFee's minute of 11 February is most helpful. I agree with her conclusion that the Superannuation Act 1965, sections 38 and 39 do not need to be incorporated into Hong Kong pensions legislation. Those sections have effect as if they constituted a scheme under section 1 of the Superannuation Act 1972 by virtue of section 2(12) and Schedule 2 of that Act. Superannuation benefits apply to persons who have been employed in the UK civil service but are now or have been employed in the Hong Kong civil service for the purposes of UK pension legislation. In other words, these sections preserve British pension rights of British civil servants serving or who have served in Hong Kong, as Mr Waters's letter of 19 June to Mr Stone suggests.
2.
Mrs McFee rightly points out that Hong Kong civil servants who are presently eligible by reason of sections 38 and 39 will no longer be in reckonable service after 1997 because the definition in section 39 will no longer cover Hong Kong. I agree with her that if it were decided that the Hong Kong Special Administrative Region after 1997 should be reckonable service under the Principal Civil Service Pension Scheme after 1997, Section 39 of the 1965 Act will need to be amended. This can be done by a Treasury order (see section 39(2)(b) of the 1965 Act). Amendment is dependent on a policy decision
3. I would like ODA to confirm it is their understanding that the existing benefits of Hong Kong civil servants under Sections 38 and 39 will be preserved after 1997 without any need to take further action. It seems to me that they are will be preserved.
AE1AHE
Shelagh brooks.
S Brooks
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