19-JUL-1993 10:19
3
PAUL FIFOOT
0372723755
MW) Waters suggests that we could dispense with a provision authorising entitled officers to retire prematurely after 29th June 1997 on the grounds that this would involve a prior consultation with the Chinese which they would wish to avoid. This is, of course, a matter of policy and an issue to which the Government of Hong Kong must agree since only they can accord the right to retire under section 6A of the Pensions Ordinance and comparable provisions of other pensions legislation. I agree that the proper course would require consultation with the Chinese (which is not to exclude entirely considering just leaving it in and saying nothing), however, you need to consider whether the consequences of omitting a continuing provision for retirement will not have the effect of encouraging, and be seen to be encouraging, HMOCS officers to leave before 1st July 1997. Whether or not that upsets the Chinese, or would upset them more than agreeing to a continuing right of premature retirement, it would provide a further ground for arguing that the United Kingdom does not have any faith in the Basic Law provision for continuing service under the SAR. If we do decide not to include a continuing right to premature retirement, we will need to move the substance of sub-paragraphs (1) and (2) of paragraph 3 to paragraph 4 and delete the remainder of paragraph 3.
Paragraph 5 (MW & AD): there is no need to keep "overseas" in front of "officers".
Paragraph 8(c) (MW): Insert "or judges".
(AM) McDonald raises the question of officers who retire on abolition of office terms. The problem here is that we operate the Compensation Scheme and Hong Kong operates the pension laws (which include abolition of office terms) and an officer may be offered and accept abolition of office terms after he has received an instalment of compensation. We can amend paragraph 8 to exclude officers who retire from the public service on abolition of office etc and have been granted a pension or an additional pension as a consequence,
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P. 02/04
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