HKA233/1
FROM:
Miss S Brooks Legal Counsellor
37
Mr Cox HKD
DATE:
Mr Sitara Dove
to incorporate in
HONG KONG HMOCS ARRANGEMENTS
4 February 1992
7612
He dM, pu вн
32
6/2
1. I refer to your minute of today's date concerning the draft minute from the Secretary of State to the Chief Secretary in Hong Kong and to the draft statement on Hong Kong HMOCS.
2.
With regard to the draft statement on Hong Kong HMOCS, my comments are set out below.
(a)
Paragraph 1. I would prefer to avoid stating that the Government intend to implement the commitments in the White Papers. While the better view is, I think, that the commitments in the White Papers give rise to moral rather than legal obligations, it would be wiser, nevertheless, to avoid the use of the phrase 'implement the commitments' which suggests legal obligations. I suggest you use instead wording such as
the Government intend to make provision for HMOCS in the special circumstances, etc'.
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(b) I would also like to reword the first part of the first sentence in paragraph 3. The references in the Joint Declaration to smooth transition in 1997 (paragraph 5 of the Joint Declaration (JD31) and Annex 2, paragraph 1 (JD169)) do not impose an obligation on the UK Government. I would like to delete the words 'must be consistent with the Government's treaty obligation to contribute to 'and substitute the words 'should contribute to ensuring'
•
(c) I am glad to see from paragraph 4 that there will be consultations with the HMOCS Association. The fact that the HMOCS Association will now be consulted on the scheme is likely to be helpful. I think this lessens the risk of judicial review. However, I should point out that the HMOCS Association S likely to find problems with the compensation package. I understand that since 1961 there has been an element of inducement to serve in compensation schemes introduced after that date. Mr Fifoot has explained to me that when an HMOCS
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