CONFIDENTIAL
FM FCO
TO IMMEDIATE HONG KONG
TELNO 920
OF 05160OZ JUNE 92
CONFIDENTIAL
HKA 233/5
OP COPY Q DIST?
q
072132 MDHOAN 5537
ENROLMENT IN HMOCS: ELIGIBILTY OF JUDICIAL OFFICERS RECRUITED POST-MARCH 1985
FOR CSB
1.
THANK YOU FOR SENDING US ALL THE MATERIAL ON THIS ISSUE. WE HAVE NOW LOOKED FURTHER INTO THE QUESTION OF ENROLMENT IN HMOCS OF JUDICIAL OFFICERS FIRST APPOINTED AFTER 28 MARCH 1985 AND SHOULD BE GRATEFUL FOR YOUR VIEWS ON HOW MEMBERS OF THE JUDICIARY ARE LIKELY TO REACT IF WE WERE TO TAKE ANY OF THE FOLLOWING COURSES OF ACTION:
(A) WE COULD STAND ON THE ORIGINAL POSITION WITH REGARD TO THE QUALIFYING FIRST DEADLINE (IE FOR DATE OF FIRST APPOINTMENT) THAT NO OFFICER IN THE JUDICIARY WILL BE ELIGIBLE TO APPLY FOR MEMBERSHIP OF HMOCS UNLESS HE HAD BEEN FIRST APPOINTED BEFORE 28 MARCH 1985.
(B) IN VIEW OF THE FACT THAT TWO MEMBERS OF THE JUDICIARY WHO WERE APPOINTED AFTER 28 MARCH 1985 HAVE (BECAUSE OF AN ADMINISTRATIVE ERROR) ALREADY BEEN ADMITTED TO HMOCS, WE COULD IMPOSE A NEW FIRST DEADLINE BEFORE 15 APRIL 1992. ONE POSSIBLE DATE FOR A NEW DEADLINE WOULD BE THE LATER OF THE DATES OF APPOINTMENT OF THESE TWO OFFICERS.
(C) WE COULD ADOPT 15 APRIL 1992 AS THE FIRST DEADLINE. THIS SHOULD NOT INVOLVE THE DEFEAT OF ANY EXPECTATIONS OR BE, IN SUBSTANCE, RETROACTIVE.
2. AS REGARDS THE SECOND DEADLINE (FOR APPLYING FOR MEMBERSHIP OF HMOCS), WE COULD EITHER MAINTAIN THE PRESENT DATE OF 30 JUNE 1992 OR OFFER A LATER DATE. TIMING APPEARS A LITTLE TIGHT TO ΜΑΙΝΤΑΙΝ THE PRESENT DATE, IF WE ARE TO INFORM THE OFFICERS CONCERNED. HOWEVER, THERE WOULD BE NO NEED FOR SUBSTANTIAL DELAY IN FIXING A NEW DATE. THE NEW JUDICIAL PENSIONS ORDINANCE
HAS BEEN ON THE STATUTE BOOK SINCE 1988 AND WAS EXPLAINED IN
DETAIL IN DECEMBER OF THAT YEAR. THERE WOULD NOT APPEAR TO BE
ANY JUSTIFICATION FOR ANY FURTHER DELAYS TO ALLOW OFFICERS TIME
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