CONFIDENTIAL
were justified. We will clearly need to have a good line for the Treasury if he continues to hold this view. A possible line of defence clearly relates to whatever results from my queries above. But another line would simply be to say that this was a political decision: it is a fact that HMOCS officers will loose the Secretary of State's protection: and it is our belief that whatever the JD may say, it is inevitable that expatriate officers will be somewhat disadvantaged both by the nationality provisions in the JD and Basic Law and by the change of sovereignty. Our political judgement therefore is that to take account of these there should be some compensation and we used the existing Hong Kong Government limited compensation scheme those superseded for promotion as the basis.
6. On a separate matter, you have kindly sent me a copy of the Zambia Compensation and Retiring Benefitis Order 1964. While much of this should not be necessary for our very limited scheme, we shall clearly have carefully to define which officers are eligible for the scheme, their pensionable service, and the operative date. We shall also have to set out exactly how the compensation will be calculated, whether
We will it will be taxable, how it will be paid and to whom. also have to consider what action to take in respect of officers who through no fault of their own have to leave the service sooner than they expected - for example by reason death, injury or ill health. Finally, we shall need to consider whether this should be formally set out as an order
I wonder or whether we can simply do it administratively. whether you and your Departmental lawyers might be in the best position to have a crack at a first draft of a "Hong Kong Order".
таз аце
Mill
M V Stone
Hong Kong Department
CC: Mr Cox
Miss Brooks, Legal Advisers
MVSADA
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