TNAG-2690-FCO40-3892-Hong-Kong-Her-Majesty-s-Overseas-Civil-Service-(HMOCS)-poli-1994 — Page 46

THE TREASURY SOLICITOR

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Miss M C Desborough

HM Treasury

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LONDON

Please quote:

Your reference:

SW1E 5EB

Date

CONFIDENTIAL

14 December 1993

Dear Marion,

HONG KONG IMOCS: STERLING PENSION SAFEGUARD SCHEME

Thank you for your note of 13 December addressed to Vivienne Collett asking for comments on the draft HMOCS Sterling Pension Safeguard Scheme. In view of the time constraints I have not had the opportunity to check the Hong Kong legislative position, which might affect the comments made below. You may or may not wish to incorporate these into your response to the FCO.

1.

2.

3.

A.

I am unclear વર to the pensionable status of registrars, deputy registrars or judicial officers of the courts of Hong Kong. I assume that they are members of Her Majesty's Overseas Civil Service, in which case they will fall within the definition of "specified officer" in clause 2(1)(a)(i) of this Scheme. If they are not, they will not be covered by this Scheme.

It appears that the definition of "relevant law" as set out in clause 2(1)(i) and what should be (j) on page 4,

on page 4, and in clause 2(2), is intonded to apply the principle ther thic

thic Schomo will only apply to pensions or gratuities awarded under a law of Hong Kong which is recognised for the purposes of this Scheme by the Secretary of State. I am unclear however as to what extent this principle is intended to be imported into references to "the law of Hong Kong" in clauses 9(1)(b), 9(3) and 10(1).

Following on from paragraph 2 above, if it is thought necessary in clause 2(2) to spell out that a calculation shall be made in accordance with the relevant law (as defined) as if such relevant law had not been subsequently amended by an unrecognised law, should this provision not also include reference to payment of a pension? The point is also presumably of importance in relation to the provision in clause 6 for non-payment when a pension "ceases under the relevant law".

Clause 6(a) refers to no supplementary payment being made during a period when a pension is suspended. Is it intended to specify the circumstances in which suspension will affect payment?

Does this

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