The Hong Kong (Overseas Public Servants) (Continuing Service: Compensation) Order 1996

Calculation of compensation and repayment: officers appointed to United Kingdom service without a break of at least 90 days

9.—(1) This article applies to entitled officers who are appointed after 30th June 1997 to the pensionable establishment of the Home Civil Service or the Diplomatic Service without a break of at least ninety days between the last day of their pensionable service under the Hong Kong Special Administrative Region and the first day of their pensionable service in the Home Civil Service or Diplomatic Service.

(2) In the case of an entitled officer to whom this article applies—

(a) a calculation shall be made of the officer’s notional emoluments in accordance with article 7(4) (a), (b) and (c) and the date taken for calculation shall be the last day of service under the Hong Kong Special Administrative Region;

(b) if the salary of the post in the Home Civil Service or Diplomatic Service at the time of his appointment equals or is greater than the figure arrived at in accordance with paragraph (2) (a), no compensation is due under this Order and the officer shall be required to repay any sum which he has previously received by way of compensation or interest on compensation under this Order;

(c) if the salary of the post in the Home Civil Service or Diplomatic Service at that time is less than the figure arrived at in accordance with paragraph (2) (a), then, subject to article 10(1) (a), the compensation due is:

(i) the difference between the two multiplied by the appropriate factor set out in the relevant Table; or

(ii) the maximum sum,

whichever is the less; and the officer shall be required to repay any sum which he has previously received under this Order by way of compensation and interest on compensation which exceeds the sum calculated under this subparagraph.