C Leeks Esq
Hong Kong Department Room WH312
FCO
3328
21
23 April 1987
I thought you might like to have written confirmation of the comments I gave to you over the telephone yesterday about Hong Kong pensions matters.
Firstly, the Pensions (Colonial Service) Act 1887 and the Superannuation Act 1892 have been repealed. I can see no reason therefore why the Revenues of Hong Kong Order 1895 cannot meet the same fate.
Many of the Sections of the Superannuation Act 1965 have also been repealed.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 ie allowing UK civil servants to retain their pension rights when transferring tobverseas pensionable service. were going to check with Legal Advisers whether Hong Kong needed to retain Sections 38 and 39 of the 1965 Act.
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As you know I have been hampered in commenting on the draft Pensions (Amendment) Ordinance because I have been unable to track down the lawfolder with the principal ordinance. only thing which appears odd is the proposed amendment to sub- section 9(4) on page 14. As it reads at the moment, anyone with an injury award will forever be limited to an income of 5/6ths of his salary. I think "any authorised increase and* should be deleted.
I can only plead a momentary aberration when I last looked at Clause 35 of the new legislation. I am content (and indeed would prefer) the retention of the phrase 'military service'. Please give Mr Shipley my apologies.
Mrs C Johnson
Pensions Department
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