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HMOCS AND THE RESUMPTION OF SOVEREIGNTY BY CHINA
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Her Majesty's Overseas Civil Service (HMOCS) was established on
on 1st October 1954 by the Secretary of State for the Colonies in contemplation of constitutional change in the dependent territories. Its members comprised the expatriate members of the then Colonial Service and subsequent expatriate appointees to pensionable offices in the dependent territories who were selected for appointment by the Secretary of State and whose membership of HMOCS was approved by the Secretary of State. Membership of HMOCS has always been separate from employment in the civil service of the dependent territory to which the individual officer belonged; it does not constitute employment by the United Kingdom Government and does not carry any remuneration or emolument"; the British Government declined to establish an overseas service directly employed by itself. The employer, the sole employer, of the officers concerned is the government of the dependent territory in which they hold their respective offices.
It was recognised, however, that members of HMOCS, like the members of the Colonial Service before them, belonged to "a general service under the Crown" which provided a pool of experienced or qualified persons which the Secretary of State could recommend to the governments of the dependent territories for appointment to public office. (See Colonial No.306: "Reorganisation of the Colonial Service").
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Colonial No 306 stated that "Her Majesty's Government in the United Kingdom recognise that they have a special obligation towards those officers of the Colonial Service who hold their present posts as a result of having been selected for them by the Secretary of State. So long as Her Majesty's Government retains responsibility for the Government of the territory in which they are serving the necessary safeguards are provided by the Colonial Regulations or the constitutional instruments. Should the territory in whose public service they are employed attain self government, these officers are entitled to expect that" certain conditions will be observed. Before enumerating these conditions, it should be noted
be noted that, even if the express terms of Colonial No 306 did not say that the special obligations would extend to "new" members of HMOCS as well as to members of the former Colonial Service, it is clear from paragraphs 3 and 9(e) of Cmnd 1193 of 1961 ("Service with Overseas Governments") that no distinction was made between the original and the subsequent members of HMOCS, and no distinction has been made between them in arrangements made for retiring and compensation benefits of members of HMOCS.
Nor has any distinction as regards entitlement been made between members of HMOCS and judges whom it was not thought appropriate to include in a body referred to as HMO Civil Service and for whom the separate designation of membership of Her Majesty's Overseas Judiciary was evolved for those who were recognised as such by the Secretary of State. Secondly, there was nothing distinctive in assuring members of HMOCS that they
they were safeguarded by the application of Colonial Regulations or the constitutional instruments;
these were equally
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