Basic Law gives effect to this. This is a new factor. 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 50 years. (References: JD 72 and JD 42; BL articles 100 and 5).
B.
Unlike many other territories where there was an active policy of localising posts in the public service, the Hong Kong Government have informed us: that there is at present no such "localisation" programme in Hong Kong; that in Hong Kong localisation is restricted to the recruitment rank or in respect of contract officers on the expiry of a contracts; that all promotion is on merit; and that provision exists under the Hong Kong Government's Limited Compensation Scheme for such retirement on compensation as may in future be necessary for localisation purposes or because of constitutional change, (the precise timing and effect of this will depend on what transitional arrangements can be made).
C. Hong Kong officers with ten years' service who are subject to Hong Kong's new pensions arrangements can retire with deferred pension. This is a common modern provision on a change of employment but was not the case in the past.
D.
The Scheme will be funded by the United Kingdom, not the Hong Kong Government, even though the latter has the financial capacity to do so. In determining the amount of benefits payable under a scheme, the United Kingdom Government must have regard to contempory conditions in the United Kingdom and to the salaries of members of the Hong Kong Civil Service as compared with those of the United Kingdom Civil Service.
PRINCIPAL ELEMENTS OF THE PROPOSED SCHEME
4.
The Team will, no doubt, wish to outline the principal elements of the proposed Scheme before tabling it and answering questions of detail. The main elements are set out below. Although the purpose of the discussions with the HMOCS Association is to obtain their views on the Scheme and to receive and take careful note of any alternatives that they may propose, and to report such views and alternatives to Ministers, the Team should be careful not to give any impression that they are in a position to negotiate during the discussions as regards the size of the first payment, the number of subsequent instalments, or the condition that an officer is only entitled to an instalment if he is serving at the date the instalment falls due.
A.
The proposed Scheme will apply to all permanent and pensionable members of HMOCS in the Hong Kong service on 30th June 1997 who have not reached retirement age, are not on leave pending retirement, and have not received benefits
PJZAYI
No comments yet.
Private notes are available after approval.