TNAG-2686-FCO40-3888-Hong-Kong-Her-Majesty-s-Overseas-Civil-Service-(HMOCS)-poli-1993 — Page 102

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

WERMENT HOUSE HONG KONG.

布政司

司署

港下亞 亞路 畢道

147M2 Our Hef - CSB-S/8 VII

(AGAR Your Ref

By Fax

N.C.G. Whitney, Esq.

MION 03 MAT い 10752

Hong Kong Department

Foreign and Commonwealth Office

{

122

GOVERNMENT SECRETARIAT

LOWER ALBERT ROAD

HONG KONG

3 May 1993

HKA

2331

1.

#50 1006

1 Dear Nigel,

HMOCS

717

Thankyou for your letter of 29 April to Mr. Bowen Leung, Private Secretary Government House. As you are aware Mr. Leung is out of Hong Kong at present.

Turning to the question of judicial review, I attach a copy of the HMOCS Associations' own legal advice and conclusions оп this subject. This was provided by members of the Judiciary who are also members of the HMOCS Association.

Our Own legal soundings have resulted in advice along very similar lines. In a nutshell it is believed that I the Association would have ΠΟ trouble obtaining leave for judicial review, but that the outcome of the judicial review would depend upon how far the Sterling pension safeguard differed from precedent cases in all other HMOCS territories and the justifications therefore.

In the case of the Compensation Scheme, we believe that a traditional type of scheme including general right to retirement would meet the obligation and avoid legal

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