CONFIDENTIAL
(a) there is no logical reason why the factors for pension and compensation should be the same.
Pension is
payable in respect of past service. Compensation, however, is paid for the loss of expectation of the continuance of service as an HMOCS officer (by definition a pensionable officer) with the attendant protection that implies;
(b) a contract officer has no such expectation as he is not a member of HMOCS;
(c) notwithstanding the prospect of further employment under the SAR offered by the Joint Declaration and subsequently by the Basic Law, after the signature and ratification of the Joint Declaration no member of the Hong Kong public service could have had any expectation of such continuance after 1997 of HMOCS service; the prospects in this regard of a contract officer were not enhanced by his opting to transfer to pensionable terms;
(d) to permit, as the UK had permitted, contract officers who opted for pensionable terms after the ratification of the Joint Declaration to join HMOCS is to confer on them some benefit for the loss of expectations of a career which was limited before they joined; there is no reason why the ability of such officers to buy back pensionable service at the price of repaying a gratuity should also increase the benefit by calculating compensation for such a limited loss on the basis of including such bought back pensionable service;
To
(e) contract officers have already had seven years to make up their minds to opt for pensionable terms. exclude bought back service from compensation calculations, will not affect those who acted within two years of the circular of 28th March 1985 since they will have had ten years pensionable service (the maximum factor in the compensation tables) since becoming members of HMOCS; it would affect pro tanto those who have delayed taking this step, possibly waiting to see what benefits are on offer
JUDADE/6
CONFIDENTIAL
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