TNAG-2686-FCO40-3888-Hong-Kong-Her-Majesty-s-Overseas-Civil-Service-(HMOCS)-poli-1993 — Page 104

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

JNVENT HUDSE MONTO

HMOCS ASSociation Committee Notes on Judicial Review

the principles

elsewhere.

The Committee has judicial review in mind as possible recourse in the event that the package of HMOCS arrangements offered by HMG has significant departures from and methodology adopted in the precedent cases For example, if in all other cases a current rate of exchange had been used for the Sterling guarantee, but in the Hong Kong case a rate had been selected which had no

current relevance at all and if consultations did not result in an adjustment of HMG's position, then if there is no other channel, judicial review should be pursued.

Similar considerations

would apply to other elements of the package such as a compensation scheme including general right to retirement.

Committee,

on the basis of the legal soundings taken by the it is considered that there would be sufficient chance of success to make judicial review worth pursuing.

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