TNAG-2396-FCO40-3483-Hong-Kong-Civil-Service-policy-1992 — Page 230

ORIGINAL PAPERS

COPIOD From

SMH 735/17/00

COMEAN 0373

CONFTDENTIAL

?? HOKON

FM FCOLN TO HOKON

230830Z APR

GAS 207

CONFIDENTIAL

FM FCO

TO PRIORITY HONG KONG

TELNO 1162

OF 230830Z APRIL 87

87/88

001

CONFIDENTIAL

3.7

50373 - 1

FOR SHIPLEY FROM LEEKS

refers

YOUR LETTER OF 27 JANUARY AND YOUR TELNO 1156: LOCALISATION OF

LEGISLATION ON CIVIL SERVICE MATTERS

1.

PARA 1 OF OUR TELNO 639 PROMISED OUR AND ODA'S ADVICE ON

LOCALISATION IN HONG KONG OF UK PENSIONS LEGISLATION.

AS REGARDS PARA 2 OF LUR ODA NOW ADVISE THAT

2.

(A)

THE PENSIONS (COLONIAL SERVICE) ACT 1887 AND THE

SUPERANNUATION ACT 1892 HAVE-BEEN REPEALED,

(3)

WE THEREFORE BELIEVE THAT THE REVENUES OF HONG KONG

ORDER 1895 IS SPENT AND

(C)

HOWE

MANY OF THE SECTIONS OF THE SUPERANNUATION ACT 1965 HAVE

ALSO BEEN REPEALED. HOWEVER SOME, INCLUDING SECTIONS

38 AND 39 (EMPLOYMENT IN MORE THAN ONE PUBLIC OFFICE),

REMAIN IN FORCE. IT IS UNDER THESE SECTIONS THAT

CLAUSE 2.29 OF THE PCSPS OPERATES I.E. ALLOWING UK CIVIL

SERVANTS TO RETAIN THEIR PENSION RIGHTS WHEN TRANSFERRING

TO OVERSEAS PENSIONABLE SERVICE. SUBJECT TO YOUR VIEWS

WE WOULD SUGGEST THAT THESE PROVISIONS MAY NEED IN SOME

APPROPRIATE MANNER TO BE INCORPORATED IN YOUR LEGISLATION

ON THE HONG KONG PENSIONS CODE.

OCHIAN 0373

MINIMAL

HKD

1

CONFIDENTIAL

COFIES TO:

MR POWER, PENSIONS DEPT, COA

MR FIFOOT, LEGAL ADVISERS.