P.02/02
PAUL FIFOOT
0372723755
would, therefore, suggest that, notwithstanding what the HK Pensions Laws may provide (and we already ignore that in various parts of the paper), we make it a condition of counting bought back years as regards compensation that the years shall in fact have been bought back before the appointed day for the purposes of the compensation scheme or some earlier day. A much eartier-day would be consistent with paragraph 2 of the Statement of the need to be in a position to quantify the scheme. If you agree with this suggestion, appropriate amendments will need to be made to paragraphs 6 (i) and (ii) of the statement and to the second sentence of paragraph 7 as well as to the argumentation in the submission itself.
5. There are three other points on your redrafts. First, unless we get this notice out with some despatch, we will get grumbles from HK at the first time limit if not the second. Secondly, I see no problem about using "HMG's arrangements for HMOCS" or some such phrase. Thirdly, in paragraph 2 of the submission you invite Mr Goodlad to disregard my advice. You should bear in mind that, although the Special Regulations are administrative, they are legislative in nature not executive; it is the usual practice for the Secretary of State to exercise such quasi legislative functions himself. If he does not exercise thom in principle on this submission, you will need to go back to him when you make the actual amendment in form to the Regulations.
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