TNAG-2425-FCO40-3527-Hong-Kong-Her-Majesty-s-Overseas-Civil-Service-(HMOCS)-poli-1992 — Page 115

Background

1.

Her Majesty's Overseas Civil Service are Crown servants, but employment in the HMOCS is not employment by the UK Government. It is also distinct from employment in the civil service of a dependent territory. Originally, HMOCS members were expatriate members of the Colonial Service. Today, its members are expatriates appointed to pensionable offices in the dependent territories who are selected for appointment by the Secretary of State and whose membership of HMOCS is approved by the Secretary of

State.

2.

In 1954 and 1961 in anticipation of the coming independence of many dependent territories, HMG set out in two White papers (Colonial No. 306,

'Reorganisation of the Colonial Service' and, 'Service with Overseas Governments', Cmnd 1193) a number of conditions and principles for granting compensation and retirement benefits to members of HMOCS when those territories became independent. During the years since then HMG has given benefits in accordance with these White papers to members of HMOCS and has safeguarded the pensions of Colonial Service officers.

3. Colonial No. 306 recognised that HMG had a special obligation to Colonial Service officers in posts selected by the Secretary of State. But no distinction has since been made between original and subsequent members of HMOCS, including any arrangements made for compensation and retirement benefits. Nor has any distinction been drawn between HMOCS member and judges who are members of Her Majesty's Overseas Judiciary. Colonial no. 306 inter alia offered HMOCS the safeguarding of their pensions and in the event of premature retirement due to constitutional change, compensation from the Government of the territory concerned.

4.

Cmnd 1193 elaborated on these conditions and in particular referred to certain principles which should be applied in any future compensation scheme when the territory in which the officers serve cease to be the UK's responsibility. They were as follows:

(a)

A

Entitlement to retire with compensation calculated with acturial advice, and taking account of age, salary and length of service. Compensation should not be in a form which would be an inducement to retire.

POLACI