TRANSF. FROM. Hmoo's Peucy
6/3 Am
Miss Brooks
Legal Advisers
CONFIDENTIAL
Reference..
HKA 016/!
REGISTRY
0 2 MAR 1992
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233/1
13
HONG KONG LOCALISATION OF UK LAWS ON CIVIL SERVICE MATTERS
A
1.
B
When Ms Coglin asked for your advice on this subject in August 1991, you suggested that we ask the ODA for an explanation of the background; why sections 38 and 39 of the Superannuation Act 1965 might be relevant to Hong Kong; and whether rule 2.29 of the UK Prinicpal Civil Service Pension Scheme (PCSPC) would continue to apply, after 1997, to service in Hong Kong.
2. Ms Duff, ODA has now sent me a copy of their Legal Adviser's comments. You will see in paragraph 4 of Mrs McFee's minute that it would be necessary to amend section 39 of the Superannuation Act 1965 if it were decided that service which now counts as reckonable service under the PCSPS should continue to do so after 1997. I have asked the Overseas Pensions Department (OPD) of the ODA whether they envisage a change in policy. I have also asked for their advice on the operation of rule 2.29 of the PCSPS.
3. I should be grateful to know if, on the basis of Mrs McFee's advice, you think any amendment of Hong Kong's pension laws is necessary. Her view (see paragraph 6) is that there is no need. Civil Service Branch are keen for us to confirm, as soon as possible, if it is necessary for Hong Kong to localise sections 38 and 39 of the Superannuation Act 1965. Drafting instructions will have to be ready by early 1992, according to their programme for localisation of UK legislation.
CODE 18-77
Buma Williams
E L Williams
Hong Kong Department
WH 303
270 2652
2 March 1992
WADACL
CONFIDENTIAL
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