38-APR-1992
15:08
PAUL FIFOOT
037272 3755
DRAFT
DISCUSSIONS WITH THE HONG KONG HмOCS ASSOCIATION ON THE UNITED KINGDOM GOVERNMENT'S PROPOSALS FOR A SCHEME FOR
MEMBERS OF HMOCS IN HONG KONG (May 8th - 12th, 1992)
INSTRUCTIONS FOR THE UNITED KINGDOM TEAM
THE PROPOSED SCHEME
1. The present proposals for the Scheme for benefits for members of HMOCS in Hong Kong, including entitled judges, are set out in Annex I.
PRINCIPAL POINTS TO MAKE
2. A. The proposed Scheme is not a "traditional" scheme of the kind which in the past has been devised in respect of a territory attaining independence. It has been specially constructed to reflect the particular, and indeed unique, circumstances of Hong Kong.
A statement on the nature of the Scheme is at Annex II. It is not the policy of HMG to include provisions which would encourage officers to leave Hong Kong when they are still needed to assist in maintaining its economic prosperity and social stability.
B. The Scheme provides for payments by HMG, not as was the case originally with earlier schemes, for payments by the territory concerned. It does not deal with retirement on pension. Entitlement to pension and pension benefits are regulated by the law of Hong Kong.
C. The Team is not in a position at this stage to make any statement on sterling guarantees.
D.
Any proposals designed to make provisions for members of HMOCS on a change such as that facing Hong Kong in 1997 must be the subject of full consultation with the representatives of HMOCS in the territory. Prior consultation is particularly important because of the differences between the Scheme now proposed and the earlier schemes. It is the Team's role to carry out this consultation, to ascertain the views of the Association on the proposals for the Scheme, and to report those views to Ministers in order that they may be fully appraised of them before they take final decisions on what scheme to establish.
CIRCUMSTANCES OF SPECIAL RELEVANCE TO HONG KONG
3.
A.
The Team should make the following points:
The Joint Declaration, which is a binding international agreement, provides for continuity of employment in the service of the SAR and the Basic Law gives effect to this for all except those offices which can only be held by a Chinese national; further, both Joint Declaration and Basic Law provide that the socialist system and policies shall not be practised in Hong Kong and Hong Kong's previous capitalist system and life style shall remain unchanged for
1
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