TNAG-2433-FCO40-3535-Hong-Kong-Her-Majesty-s-Overseas-Civil-Service-(HMOCS)-and-t-1992 — Page 80

24-JUN-1992 17:18

PAUL FIFOOT

0372723755

P.02/04

Para 8. line 2: Re-insert "which had. in effect. been" after "deadline".

Para 11, last sentence: Commence: "Although the compensation/inducement scheme we discussed with the HK HMOCS Association in May refers unreservedly to "pensionable scrvice", we have made no comment on the question of whether bought back service is included in that expression;".

Para 12: Replace as follows:

"12. We consider that service bought back by contract officers who apply for membership of UMOCS after the date on which the Joint Declaration was ratified should not count for compensation for the following reasons:

(a) there is no logical reason why the factors for ponoton and compensation should be the name. Pension is payable in respect of past service and, if the pension authority is prepared to change the terms of service of an officer so as to allow him to count his past service as a contract officer for pension, that is a matter for the pension authority. Compensation, however, is paid for the loss of expectation of... the continuance of service as an HMOCS officer (hy definition a permanent and pensionahle officer) with the attendant protection that that implies;

(b) a contract officer has no such expectation as he is not a member of HMOCS;

(c) notwithstanding the prospect of further employment under the SAR offered by the Joint Declaration and subsequently by the Basic Law, no member of the Hong Kong public service could have had any expectation of such continuance of HMOCS service after the signature and ratification of the Joint Declaration; the prospects in this regard of a contract officer were not enhanced by his opting to transfer to pensionable terms; (d) to permit, as the UK has permitted, contract officers who opted for pensionable terms after the ratification of the Joint Declaration to join HMOCS is to confer on them some benefit for the loss of expectations of a career which was limited before they joined; there is no reason why the ability of such officers to buy back pensionable service at the price of repaying a gratuity should also increase the benefit by calculating compensation for such a-limited loss on the basis of including such bought back pensionable service;

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(e) contract officers have already had seven years to make up their minds to opt for pensionable terms. To exclude bought back service from compensation calculations, will not affect those who acted within two years of the circular of 28th March 1985 since they will have had ten years pensionable service (the maximum factor in the compensation tables) since becoming members of HMOCS; it would affect pro tanto those who have delayed taking this step, possibly

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