TNAG-2688-FCO40-3890-Hong-Kong-Her-Majesty-s-Overseas-Civil-Service-(HMOCS)-poli-1993 — Page 115

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

03-JUN-1993

17:59

PAUL FIFOOT

0372723755

"normal retirement age", here and with reference to the relevant Table in paragraph 8(2), I have followed Waters, but I have substituted "judicial officer" and "Scheduled officer" for "member of the judiciary" and "mombor of the disciplined services" as the former are the terms used in the Hong Kong Pensions Laws; in consequence, I have added definitions of the new terms. We will need to check this with Hong Kong.

I have added

new definitio

service which is in a common form except for the exception which relates to the decision not to count bought back service that has not been bought back before the appointed day...

I have alsu added, for convenience, a definition of what we are talking about when we refer to the UK Pensions Increase (Review) Orders.

§§ 3 & 4 Retirement: I drew attention to the intended effect of this paragraph and the possible post-1997 consequences in my letter of 22nd March. I have discussed the latter briefly with David Edwards, but, apparently, the question of the future of the English Laws Application Ordinance has not yet been resolved with the Chinese and we, therefore, have little guidance or precedant to indicate whether the latter would continue to recognise the right to retire under a UK Scheme approved by the Governor in Council for the purposes of the relevant pension laws. One consequential change on account of this uncertainty is to bring the appointed day forward one day to the 29th June 1997 to enable officers to take advantage of the right to retire on 30th Junc, i.c. before the change in sovereignty; that does not solve the question whether the Chinese will pay pensions to those who retire (prematurely) before the normal retirement date, but there is nothing we can do about that in this draft.

I have made two further changes to this paragraph in an attempt to make it clear that the relevant provisions

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P.02

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