TNAG-2422-FCO40-3524-Hong-Kong-Her-Majesty-s-Overseas-Civil-Service-(HMOCS)-poli-1992 — Page 258

SECRET

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MDHIAN

SUPERSESSION AFTER 1997

4. WE CAN SEE NO REASON TO TRY TO EXTEND ANY LCS PROVISIONS FOR SUPERSESSION AFTER 1997. LIMITED SCHEMES WERE SUBSUMED IN GENERAL COMPENSATION SCHEMES ELSEWHERE. COMPENSATION FOR THE LOSS OF THE SECRETARY OF STATE'S PROTECTION COVERED COMPENSATION FOR THE LOSS OF CAREER PROSPECTS AND THEREFORE SUPERSESSION AS WELL.

5. IT WOULD IN THEORY BE POSSIBLE FOR THE SARG TO INTRODUCE A COMPENSATION SCHEME FOR FOREIGN NATIONALS SUPERSEDED FOR PROMOTION AFTER 1997. HOWEVER IN PRACTICE WE DOUBT THEY WOULD AGREE TO DO SO. THEY WOULD BE MORE LIKELY TO ARGUE THAT ANY SUPERSESSION WAS THE CONSEQUENCES OF THE JOINT DECLARATION AND WAS NOT THEIR DIRECT RESPONSIBILITY.

6. THE JOINT DECLARATION MADE IT CLEAR THAT OVERSEAS OFFICERS MAY CONTINUE IN EMPLOYMENT POST 1997 BUT ONLY IN THEIR INDIVIDUAL CAPACITIES AND NOT AT THE PRINCIPAL OFFICIAL LEVEL. ANY SUGGESTION THAT WE SHOULD NOW APPROACH THE CHINESE ALONG THE LINES SUGGESTED (PARA 4 OF SECOND TUR) WOULD NOT ONLY RUN THE RISK OF REJECTION BUT MIGHT ALSO AROUSE THEIR SUSPICIONS ABOUT HMOCS ARRANGEMENTS GENERALLY. EVEN IF THEY ACCEPTED A SUPERSESSION SCHEME, IT WOULD BE UNLIKELY THAT THEY COULD ACCEPT THE IDEA THAT THE SARG SHOULD IN SOME WAY DEDUCT PAYMENTS ALREADY MADE BY HMG FROM ANY PAYMENTS THEY MIGHT MAKE THEMSELVES TO THEIR OWN CIVIL SERVANTS.

WILSON

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MAIN

40

DISTRIBUTION

40

.HER MAJESTY'S OVERSEAS .CIVIL SERVICE RESTRICTED

HKD

LEGAL ADVISERS//MISS BROOKS

FED

NEWS D

RAD//MR WYE

OVERSEA PENSIONS/ODA//MR FISH

PS

PS/MR GOODLAD

PS/PUS

SIR J COLES

MR BURNS

MR KERBY

RMD

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