TNAG-2433-FCO40-3535-Hong-Kong-Her-Majesty-s-Overseas-Civil-Service-(HMOCS)-and-t-1992 — Page 42

Noted on HMOCs Appoints. file

CODE 18-77

AMOCS/JUDICIARY

28

Reference.

BY FAX (0372 723755)

Mr Fifoot

HKA 233/5

ENROLMENT IN HMOCS: MR JUSTICE K T FUAD AND

MR JUSTICE M E I KEMPSTER, JUSTICES OF APPEAL

1.

We spoke. I attach applications for enrolment in HMOCS from Messrs Fuad and Kempster. As far as I understand, both officers are over 65 and therefore over normal retirement age. Is it certain that these two officers are still serving? I should be grateful if you could clarify how long after retirement age judges can in fact continue working.

2. I attach circular No 2/91 of 30 August 1991, issued by the Registrar, Supreme Court, which specifies that, with effect from 1 January 1992, an application from an agreement officer to transfer to the permanent establishment will only be considered if, after the effective date of transfer, the officer will have a minumum of five years of service before he retires. In the case of an officer who joined the judiciary after the age of 50, the five-year requirement can be relaxed to two years. It was only after the Director of Audit queried the transfer of some officers, including Judicial Officers close to retirement in August 1990, that the Registrar, Supreme Court agreed to set these additional conditions.

3.

Messrs Fuad and Kempster made their applications both to transfer to the permanent establishment and to enrol in HMOCS before this circular took effect. I am slightly puzzled why the circular took effect 4 months after it was issued. Was it simply that the Registrar, Supreme Court had to give notice of the new conditions? If the circular had taken effect immediately, Messrs Fuad and Kempster presumably would not have been eligible to transfer to the pensionable establishment, as both had already reached the normal

retirement age of 65 on the effective date of transfer (Mr Fuad was 65 and Mr Kempster was 68).

4. I should be grateful for your advice as to whether we

should allow the rights and privileges attached to membership of HMOCS to apply to applicants, such as Messrs Fuad and Kempster, who are over normal retirement age.

OWilliams

E L Williams

Hong Kong Department

WH 303 270 2652

14 July 1992

Just.App.ADM

SLM