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appointments of overseas officers would be made org pensionable terms in Hong Kong, and Hong Kong Circular which notified contract officers that they would only be permitted to transfer to pensionable terms if they had joined the service before 28th March 1985, meant that those who were appointed after the relevant date would not be eligible for membership of HMOCS. The decision and circular were, therefore, entirely consistent with the traditional scope of schemes for the benefit of those for whom the Secretary of State accepted obligations under Colonial 306 and its
successors.
If the later decision by the Hong Kong Government that members of the Judiciary, whenever appointed and whether appointed locally or from overseas, would be eligible for pensionable terms were also to have the consequence that those who joined the Hong Kong service after it was clear that the colony would revert to China would remain eligible for membership of HMOCS and the benefits of any scheme established for HMOCs, that would not be consistent with the traditional scope of such schemes. However, the Secretary of State was made aware that, following the decision that members of the Judiciary were to remain eligible to be appointed to the pensionable establishment, they had been informed by the Hong Kong Civil Service Branch that the limitations imposed in 1985 would not apply to them. those circumstances, he took the view that it would be inequitable to maintain those limitations as regards the Judiciary even though this might be inconsistent with the traditional scope of an HMOCS scheme. Nevertheless some limits had to be placed on the latest date for joining the Hong Kong service, (15 April 1992), the time within which applications for membership of HMOCS must be made (1 October 1992, subsequently extended to 28 February 1993) and any transfer from contract to pensionable status to be completed
(30 April 1993). The result is considerably more generous to the Judiciary than for other members of the Hong Kong service.
In
As stated in Mr Ricketts' letter of 29 June, the HMOCS regulations have now been amended so that the Secretary of State may no longer receive applications for membership of HMOCS. The Secretary of State is of the view that the arrangements made for membership of HMOCS in respect of judges and officers in the service of Hong Kong take full account of the special obligations towards those who hold their posts as a result of being selected by him and who are the subject of Colonial 306. HMG have agreed in principle to provide certain benefits for members of HMOCS in consequence of the transfer of sovereignty. They have no proposals for extending comparable benefits to those who are not members of HMOCS.
Yours sincerely
John Mom
J C Morris
Hong Kong Department
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