TNAG-2419-FCO40-3521-Hong-Kong-Her-Majesty-s-Overseas-Civil-Service-(HMOCS)-poli-1992 — Page 175

CONFIDENTIAL

Fice

80

Reference

HKA 233/

Miss Brooks

Legal Advisers

HMOCS: COMPENSATION FOR LOCAL OFFICERS

1.

I should be grateful for your advice on the impact, if any, of what we are about to embark on may have on local officers.

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2. I note from paragraph 17 of command 1193 of 1960 - copy attached that compensation "may need to be paid also to any local officer appointed by the Secretary of State or on his behalf who is able to show to the satisfaction of the Secretary of State that his career in the public service has been prejudiced by constitutional change or that, because of such change, he has reasonable grounds for anxiety about his career". I notice that this provision was reproduced word for word in the command paper for Sierra Leone. A further sentence was added "this provison concerning local officers will disappear on independence".

3.

If

There are large numbers of local civil servants in Hong Kong who have been appointed by the Secretary of State or appointed on his behalf. Until recently this applied to all officers at rank staff grade B and above. I believe it use to apply to all administrative officers of whatever rank. these officers already have a foreign nationality, or are able to acquire British nationality under the British Nationality (Hong Kong) Act, they could claim that their career had been prejudice or that they were anxious about it. For the most senior ranks, there are the nationality provisions in the Basic Law. For the less senior ranks, they could argue reasonable grounds for anxiety on the basis that the new SAR Government would be suspicious of their loyality.

4.

the Limited

The HKG has of course introduced a scheme Compensation Scheme - which covers certain officers. Examples would be Special Branch and other sensitive services. It does not however cover those who may be concerned about nationality restrictions nor does it cover those who have failed to persuade HKG they deserve to be considered as sensitive but whom HKG have rejected. (There are quite a number of Special Branch personnel in the category).

I should be grateful for your views on this aspect of the HMOCS question. Is there any action we should take to

5.

mitigate against possible claims?

Mikl v Stare

M V Stone

Hong Kong Department

WH 304

270 2651

CODE 18-77

9 March 1992

MVSADG

CONFIDENTIAL