04-MAY-1992
14:47
DIR OF SOCIAL WELFARE
852 577 5703
P.02
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We have already presented a compelling case in our response to HMG's opening statement. The FCC has since had the opportunity to research the records of what arrangements were put in place for HMOCS members in all the previous territories from which Britain has withdrawn. You will therefore now be aware of the consistency with which HMG has honoured its obligations by providing for the right to retire with earned pension and compensation as well as for sterling guarantees of pensions. It does not seem likely that Ministers can have been fully appraised of the special responsibility that HMG has long accepted for HMOCS, and the way in which that responsibility has been discharged in fifty odd other dependent territories. If they had, it is hard to believe that they could have been led to a negative view on the right to retire with compensation and earned pension at or before (not after) the termination of British sovereignty in Hong Kong.
Whilst we await your explanation of the reasoning, we can think of no reason why Hong Kong HMOCS members should not be treated in the same manner as were HMOCS members elsewhere. The so-called "special circumstances" do not in any way detract from the fact that British sovereignty will terminate. Regardless of what
what comes after 1997, decolonisation will still take place aş it did in all previous cases. The opportunity
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service is nothing new and cannot be regarded as a substitute for the option to retire with pension and compensation.
to
We would be only too happy to provide such further elaboration or information that might be needed in order to enable you to put a positive case to Ministers. However, unless and until you are ready to commit to work towards a fair and equitable outcome on the fundamental principles, I am not optimistic that we can expect to make much progress on details in the coming consultations.
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