24-JUN-1992 17:43
PAUL FIFOOT
0372723755
P.01
opted before the date of the ratification of the Joint Declaration.
The defeating of reasonable expectations and retroactive consequences of the proposal would however give grounds for possible Parliamentary and public criticism and might be the subject of an application for judicial review.".
Para 14: Replace as follows:
"14. Despite these arguments it is our view that to apply the pensionable service criterion to bought back service would constitute a fortuitous and unjustified benefit to contract officers who opted after the ratification of the Joint Declaration, and an unjustified charge on public funds. I therefore recommend that we state that compensation payable to HMOCS officers whose applications for membership of HMOCS were received after the date of ratification of the Joint Declaration will be calculated on the basis of their service since those applications were recieved and not on the basis of pensionable service. With a view to limiting the criticism from officers (now only the Judiciary) who may still decide whether to opt or not on the ground of retroactivity (though it can do nothing to deflect allegations based on reasonable expectations or of discrimination) I recommend that we make this statment now, rather than wait until we have settled on a revised compensation scheme.".
Statement, para 4: Replace as follows:
"4. In reviewing their proposals for a scheme for members of HMOCS in Hong Kong, HMC have had regard to the factors which may be used to calculate any compensation benefits. They have concluded that since it was clear, following the signature of the Joint Declaration, that the prospects of a career as a member of HMOCS enjoying the protection of the Secretary of State were limited by the change in sovereignty in 1997, the service factor to be taken into account in respect of those who applied or apply to become, a member of HMOCS after the date of ratification of the Joint Declaration (27th May 1985) will be the period since their application for membership of HMOCS was received by the [WHOM]. This decision in no way affects an officers ability to buy back pensinable service under the regulations made under the Hong Kong pensions laws or the counting of such service for pensions purposes. HMG's policy with regard to supplementary pension for overseas service is not affected by this decision. No policy decisions have yet heen made on the question of a sterling safeguard for HMOCS pensions."
Note: We will need to examine this very carefully. P.F.
TOTAL P.01
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