TNAG-2423-FCO40-3525-Hong-Kong-Her-Majesty-s-Overseas-Civil-Service-(HMOCS)-poli-1992 — Page 106

Mr Stone

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Reference

File (313

HKA 233/1

HMOCS: RIGHT OF EARLY RETIREMENT

1. During the consultations in Hong Kong, the HMOCS representatives said that Hong Kong HMOCS officers expected that they would receive the same basic package as provided elsewhere, including right to retire early, at or before the time of the change of sovereignty and at any point thereafter, with immediate payment of pension (and perhaps enhanced pension, as under the Local Compensation Scheme).

2.

I mentioned that Mr Maude had written to an MP in August 1989 stating that in Hong Kong we did not envisage any such general scheme for early retirement. I said I thought that the letter had been widely circulated. Mr Cartland said that he was not aware of the letter. Later I gave him a copy (Mr Maude's letter of 21 August 1989 to Mr Matthew Taylor MP, which you had kindly faxed).

3.

Mr Cartland later stated that the letter had not been widely circulated but that it had caused alarm to those who saw it. It was the first intimation that anyone in Hong Kong received that there might not be arrangements comparable to those elsewhere. That alarm had led directly to the formation of the HMOCS Association, ie it had sparked the process leading to these consultations.

4. Mr Cartland also gave me a copy of Mr Paul's letter of 9 July 1990 to Mr M J T Rowse, in response to his letter of 25 June to Mr Maude. Mr Paul stated that the question of whether there would be a General Compensation Scheme similar to those introduced in other territories was under urgent consideration. Mr Cartland said that HMOCS officers interpreted this as superseding Mr Mande's earlier letter and meaning that the right of early retirement was one of the matters under consideration.

5. Comment. There is some hair-splitting here, but I think it would be hard for us to argue that, whatever the position earlier, at least since Mr Maude wrote his letter in August 1989, HMOCS officers cannot reasonably have expected to benefit from a right of early retirement with immediate payment of pension.

xvd2.

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CODE 18-77

N J Cox

WH 302 2650

13 May 1992

cc: Mr Fifoot

NJCACK

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