TNAG-2418-FCO40-3520-Hong-Kong-Her-Majesty-s-Overseas-Civil-Service-(HMOCS)-poli-1992 — Page 199

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

3.

officer became entitled to compensation, a calculation was made of his entitlement on the basis of age and years of service multiplied by current salary. The inducement element was such that if the officer stayed on longer than a particular date, his compensation was reassessed and he received a larger amount.

This was complicated by the age factor (whether you were on the up-curve of age or on the down-curve of age) but the point is that an officer never got less than his original assessment. However, the proposed compensation scheme for HMOCS officers not only combines compensation with inducement, but is payable in full only to persons who stay on for eight years after 1997. An officer leaving in 1997 will only receive 20% of the compensation. There is nothing in the Joint Declaration which obliges the UK to induce people to serve after 1 July 1997 and I think the emphasis on the inducement aspect of the scheme is a point of vulnerability. The less the HMOCS Association likes the compensation scheme, the more there will be the risk that it will bring an action for judicial review. This will not necessarily be successful, but it cannot be ruled out.

I have one query about paragraph 7 of the draft minute. Should not the reference to 'retiring' be to 'resigning' or

leaving' rather than 'retiring'?

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Shilaph Brooks.

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S Brooks

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