TNAG-2433-FCO40-3535-Hong-Kong-Her-Majesty-s-Overseas-Civil-Service-(HMOCS)-and-t-1992 — Page 25

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INFO ROUTINE PEKING, UKREP JLG HONG KONG

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PERSONAL FOR RICKETTS, HKD.

PEKING: PERSONAL FOR AMBASSADOR.

UKREP: PERSONAL FOR MR. GALSWORTHY

YOUR TELNO 1107: HMOCS ARRANGEMENTS: JUDICIAL OFFICERS.

1.

THE ARGUMENT FOR RELAXING THE CUT-OFF DATE FOR FIRST APPOINTMENT FOR JUDICIAL OFFICERS IS THAT THESE OFFICERS WERE NEVER TOLD EITHER BY HMG OR HKG, THAT A CUT-OFF DATE OF 28 MARCH 1985 WOULD BE APPLIED. IN FACT, HKG CONFIRMED TO THE JUDICIARY ON 21 FEBRUARY 1989 THAT JUDICIAL OFFICERS WERE STILL EXEMPT FROM THE NORMAL REQUIREMENTS FOR TRANSFER TO PERMANENT ESTABLISHMENT APPLIED TO THE CIVIL SERVICE AND SPECIFIED IN CSB CIRCULAR 6/85 (OF WHICH YOU HAVE A COPY). THIS WOULD HAVE TENDED TO REINFORCE JUDICIAL OFFICERS' BELIEF THAT THEY COULD STILL JOIN HMOCS. IT WAS ONLY ON 15 APRIL 1992 THAT WE INFORMED THE JUDICIARY, AT YOUR REQUEST IN THE CONTEXT OF A PARTICULAR CASE, THAT A CUT-OFF DATE FOR FIRST APPOINTMENT OF 28 MARCH 1985 WOULD APPLY IN THE CONTEXT OF HMOCS MEMBERSHIP.

2. ACCORDINGLY WE STILL TEND TO FEEL THAT, AS A MATTER OF PRINCIPLE, THE CUT-OFF DATE FOR FIRST APPOINTMENT SHOULD BE RELAXED TO 15 APRIL 1992 FOR JUDICIAL OFFICERS, ALTHOUGH WE CAN SEE THAT THIS ADDS TO THE NUMBER OF OFFICERS ELIGIBLE FOR COMPENSATION.

3. ON THE QUESTION OF 'WINDFALL' WE AGREE THAT IT COULD BE ARGUED THAT SOME OFFICERS HAVE CHANCED UPON AN OPPORTUNITY TO MAKE MONEY OUT OF THE ARRANGEMENT. HOWEVER, ONLY A LIMITED NUMBER HAVE TAKEN THE OPPORTUNITY. A TOTAL OF 31 JUDICIAL OFFICERS HAD BEEN APPOINTED ON OVERSEAS AGREEMENT TERMS AFTER 28 MARCH 1985. OF THESE, SIX HAVE SO FAR APPLIED FOR TRANSFER TO THE PENSIONABLE ESTABLISHMENT AND MEMBERSHIP OF HMOCS. OF THESE SIX, TWO HAVE BEEN ADMITTED TO HMOCS, ONE HAS BEEN REJECTED, AND THREE CASES ARE PENDING. WE TEND TO THINK THAT THE MAIN REASONS FOR APPLYING FOR PENSIONABLE TERMS ARE THE ENHANCED PENSION BENEFITS ABOVE AGE 50 AND A DESIRE TO STAY IN HONG KONG. HMOCS COMPENSATION MAY BE A SUPPLEMENTARY REASONS, BUT WE DO NOT THINK IT IS NORMALLY A

DECISIVE FACTOR.

4.

IT SEEMS TO US LIKELY THAT JUDICIAL OFFICERS WILL PROTEST LOUDLY IF THE FIRST APPOINTMENT DATE OF 28 MARCH 1985 IS APPLIED. THEY WOULD CERTAINLY MAKE THE ARGUMENTS IN PARA 1 ABOVE AND QUOTE THE TWO CASES (OF WHICH YOU ARE AWARE) IN WHICH JUDICIAL OFFICERS APPOINTED AFTER 428 MARCH 1985 HAVE ALREADY BEEN ADMITTED AS HMOCS MEMBERS. THEY COULD ALSO SOLICIT THE HONG KONG HMOCS ASSOCIATION'S SUPPORT, ALTHOUGH IT HAS TO BE SAID THAT THE ASSOCIATION HAS NOW SHOWN ANY GREAT SYMPATHY FOR CONTRACT OFFICERS TO DATE.