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7. On the other hand the officers concerned would object
strongly on the basis that past practice gave them a
reasonable expectation that bought-back service would count. Those who had waited until we had published our compensation and incentive scheme in April last before opting for pensionable terms, could well complain that we had misled them to their disadvantage if this particular restriction on counting back service as pensionable service were to be
introduced at this stage for the first time. They would do their best to press their case, possibly to the extent of seeking judicial review, and their dissatisfaction could undermine our chances of securing acceptance of any revised compensation arrangements.
8.
The arguments are finely balanced. But I recommend that
on balance we should allow any bought back service to count, subject to the recommendation in paragraph 12 below. The cost to HMG will be a small fraction of the total compensation bill; and we do not need another bone of contention with HMOCS
members.
DEADLINE TO APPLY FOR HMOCS
9.
Although the arrangements made by HKG and our own decisions preclude any more Hong Kong officers from being eligible to apply for HMOCS, we have not yet set a deadline
for them actually to apply (except for members of the Hong Kong Judiciary). I recommend that we set 28 February 1993 as
the date by which all officers must have submitted their applications for HMOCS membership.
TIME GRANTED TO BUY BACK SERVICE
10.
If Ministers agree the above we also need to consider whether any time limits should be set by which officers in this position must have made a commitment to buy back their
buy.back.ADM
SLM
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