30-APR-1992 15:09
PAUL FIFOOT
037272375S
C.
One fifth of the notional maximum sum will be paid to entitled officers as soon as possible after 30th June 1997. D. The remaining balance of the notional maximum sum (increased to take account of increases in the Retail Price Index in the United Kingdom) will be paid in equal annual instalments to officers who remain in the service of the SAR on the date on which the instalments fall due. The number of instalments will depend on an officers age in 1997 and his normal retiring age. If in 1997 he is within eight years of his normal retiring age, he will be eligible to an instalment in each year of his remaining service. If in 1997 he would have to serve for more than eight years until his normal retiring age, he will be eligible for an instalment in each of the following eight years.
E. Officers who remain in the service of the SAR after 1997 and who are subsequently retired through no fault of their own, will receive the remaining balance of the notional maximum sum on their retirement. The remaining balance will also be paid on the death of an officer in the service of the SAR.
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Since this is a United Kingdom Scheme and it is necessary to know the extent of the financial commitment involved, the Scheme will be denominated in sterling and salaries will be taken at 1992 levels.
G. There is no proposal to cap the amounts involved.
Further details of the proposed Scheme are set out in Annex I
E.
MATERIAL FOR REPLYING TO POINTS RAISED BY THE HMOCS ASSOCIATION
5. A.
A. Failure to give effect to paragraph 17 of the White Paper (Cmnd 1193) or Colonial No.306:
Cmnd 1193 recognised that the terms of future schemes needed to be settled "in the light of the circumstances prevailing in the territory". The circumstances of Hong Kong so far as a scheme is concerned are not contemplated in the White Papers and the provisions of the Joint Declaration as regards continuity of employment (which the Chinese have reflected in the Basic Law) are highly significant in this respect. Another highly significant factor for a scheme which is to be funded by the United Kingdom is the very favourable salary and retirement benefits enjoyed by Hong Kong civil servants compared with those in the United Kingdom Civil Service; [this is of a different order from the relationship of the benefits enjoyed in more traditional dependent territories). The present proposals, although they contain elements both of compensation and incentive, are not framed in an attempt to give effect to all the broad principles set out in the White Papers, but to take account of these [and other] factors [ and the changes as regards employment practices in contemporary Britain].
B. Failure to separate inducement from compensation: The proposals do not try to make such a separation.
C. Failure to give effect to expectations of members of HMOCS:
It must have been clear to members of HMOCS in Hong Kong that their own circumstances and benefits of employment are different from those in territories for which earlier
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