TNAG-2417-FCO40-3519-Hong-Kong-Her-Majesty-s-Overseas-Civil-Service-(HMOCS)-poli-1992 — Page 181

CONFIDENTIAL

The need for measures in the case of Hong Kong

4.

In the

Although persons joining HKG since March 1985 have not been able to become HMOCS officers, two key areas of the Civil Service in Hong Kong still contain substantial numbers

of HMOCS officers. In the police force, some 60% of

superintendents and above are expatriates, and the majority

of these officers are also HMOCS members. In all there are

363 police HMOCS members and a further 260 police officers who still have the option to become HMOCS members. administrative service, about one quarter (99) of all officers who occupy the middle and senior ranks of the Hong

Kong Government are HMOCS members. There are also some 40 judicial HMOCS members and some 280 others, mostly professionals. If large numbers of police officers were to leave, the command structure of the Police Force would collapse, and the Force would not be able to maintain law and order. If there was a large scale departure of senior

civil servants, our ability to administer Hong Kong effectively could be undermined. It could also encourage others to leave and have a wider effect on confidence in the

Joint Declaration. It is not possible to predict how many HMOCS officers might decide to leave if acceptable

arrangements were not made, or when they might do so. But the Governor considers that there is a real risk that

significant numbers of HMOCS officers will leave unless

adequate arrangements are announced soon.

5. The Joint Declaration contains good assurances about pay and pensions (repeated in the Basic Law). They guarantee pay and conditions of service "no less favourable than before" and payment of pensions "on terms no less favourable than before". But the value of the Hong Kong dollar is not

fixed, and there is no sterling safeguard or other special provision for HMOCS members: indeed a separate provision indicates that "privileged treatment for foreign nationals"

will not be maintained. Moreover there is a lack of

NFJABA/2

CONFIDENTIAL