TNAG-2421-FCO40-3523-Hong-Kong-Her-Majesty-s-Overseas-Civil-Service-(HMOCS)-poli-1992 — Page 190

03-APR-1992 16:14

PAUL FIFOOT

0372723755

P.03

3.

minute large,

implication) as the individual thinks fit (and it may also have to serve as a transitional provision if none other is made on the point by the SAR or the

with the present government

of the agreement Chinese)

It does not alter the fact that the former offices holders will have lost their offices, even though they have the opportunity of taking up comparable ones.

There is no difference between judges and other public officers in this respect.

(a) The question then is what does the old employer do to mitigate the consequences for his employees of his going out of business. The UK has arranged in the Joint Declaration for the successor to ensure they are taken on by the governmental authority to be established for Hong Kong; and the Chinese have, with the exceptions referred to above, given effect to this in the Basic Law.

But is that enough? That is the the main issue as regards our proposals for the "compensation" scheme. The argument from the HMOCS and the judges that we have to be prepared to meet is that 'I have lost my job. The offer of re- employement is by no means comparable with my old job, and I should be compensated to the extent

others have been when the UK went out of business in other places'

There is no difference in principle between the judges and other public servants in this respect though the judges may well run the argument of incomparability more strongly.

at

To advert to a point specifically made in your

judges, to Miss Brooks,

unlike public servants do not hold office at pleasure; Article XIV makes an exception where "otherwise provided by law" and Article XVIA makes different provision.

In the traditional phrase judges hold office "quamdiu se bene gesserint", i.e. so long as they behave themselves, and they may only be removed in the circumstances and subject to the procedures set out in

Article

X VIA

o f the Letters Patent But this does not affect the position set out in paragraph 2 above.

4.

an

•

"notice" As regards' formal

(the last sentence of paragraph 2 of your minute to Miss Brooks), I would expect the Government of Hong Kong to issue a circular letter to all officers in their service

some time indicating the formal consequences for the public service of the coming to

end

Crown rule of

and the

for further provisions employment afforded by the relevant provisions of the Basic

It should not be left Law.

to officers to make the deductions themselves, even though many, if not all, will have done so.

It would not, however, be prudent to give any indication of how the Chinese are prepared to implement those

there provisions until

have been discussions, and the latter on the question.

agreement,

with

5. I had not fully taken in the import of paragraph 3 of you minute to Miss Brooks when I first spoke to you on the telephone last evening. I do not recall

recall the minute to

I assume it

which you referred and would like to see it. deals with the point that while judges were not civil

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