TNAG-2433-FCO40-3535-Hong-Kong-Her-Majesty-s-Overseas-Civil-Service-(HMOCS)-and-t-1992 — Page 4

B

Reference

CONFIDENTIAL

3. Hong Kong have advised us that there are some 57 overseas

P and P officers who are not HMOCS members see attached

list. If this is indeed the sum total, then whatever decision

we make will not have too radical an affect on the costs of

any sterling safeguard scheme.

8.

Are we in a position not to allow the 57 officers to have

AGIN their pensions protected? This depends on two re factors:

(a) whether in some way we are already pre-committed so

to protecting their pensions; and

(b) whether we have the stomach for the fight.

I

I have studied some of the public officers agreements. am not sure that I agree with Mr Fifoot's interpretation of the situation. In both the Zambia and Trinidad and Tobago schemes the important provision was where pension was paid. If the pension was paid outside Zambia then the sterling safeguard came into play. A person could have his pension paid outside Zambia if he was residing in that other country or if he had an entitlement to a free passage, for the purpose of leave to a third country. Clearly such a provision in the case of Hong Kong would be farcical: large Numbers civil servants could claim a sterling safeguard.

5.

As Mr Fifoot's minute points out, the Tanganyika

conditions were more selective. Firstly the reference was to

"overseas officers" and secondly they had to have been

appointed in some way by the Secretary of State or Crown

Agents.

6.

There could thus be a case for deciding, in the case of Hong Kong, that only HMOCS officers would be eligible to receive a sterling safeguard. Ministers have long recognised

CODE 18-77

retment.jud. ADM

SLM

CONFIDENTIAL

2