8.—(1) This article applies to the calculation of compensation under this Order for entitled officers who have received compensation under the Limited Hong Kong Scheme on being superseded for promotion.
(2) In order to determine whether such an entitled officer is eligible for compensation under this Order, and, if so, the amount of compensation due:
(a)the same calculations shall be made in respect of the entitled officer as are directed in article 7(2), (3) — first sentence only — (4) and (6) to produce a sterling figure;
(b)the lump sum paid to the entitled officer as compensation under the Limited Hong Kong Scheme shall be converted into sterling at the rate of exchange between the HK dollar and the £ sterling at the date the lump sum was paid to the officer and the sum in sterling shall be increased at the rate of five per cent per annum from the date of payment of the lump sum to the date taken for the calculation under article 7(2) (a); this produces the figure to be used for the purposes of paragraphs (3) or (4) of this article.
(3) No compensation shall be payable to such an entitled officer under this Order if, having made the calculations referred to in paragraph (2) in respect of the appointed day, the figure arrived at in accordance with paragraph (2) (b) equals or is greater than the figure arrived at in accordance with paragraph (2) (a); and no recalculation shall be made in respect of any such officer in respect of any other date.
(4) Where, having made the calculations referred to in paragraph (2) in respect of the appointed day, the figure arrived at in accordance with paragraph (2) (a) is greater than the figure arrived at in accordance with paragraph (2) (b), compensation is payable; and where a recalculation or recalculations are made on later dates in accordance with article 7(2), the figure to be taken for the purposes of this article shall be the highest sum produced by such recalculations. Subject to article 10(1) (a), the amount of compensation shall be the difference between the sums arrived at in accordance with paragraph (2) or the maximum sum, whichever is the less.