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As a matter of administrative policy we have consistently advised Colonial governments that in the event of their wishing to apply the "45 Rule" to an officer they should follow a procedure analogous to that prescribed for the application of C.R.68. Within the last five years we have no record of any such case, involving submission to the Secretary of State, from Hong Kong and there is not likely therefore to be much enduring local experience of the procedure.
4. A choice between action under Hong Kong Regulation 380 and C.R. 68 is very much a matter of judgment, including the question whether it is desired to involve the Executive Council in Hong Kong in the process. Both procedures involve retirement "in the public interest" and an identical notation on the officer's record. I think, however, that action under either provision would be more defensible if the officer were given a statement of the reasons which made it in the public interest to retire him and so have an opportunity to comment on these reasons.
5. I attach an additional copy of this minute and would be glad if one copy could be placed on the relevant O.D.M. file. with you.
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54 FED.
(W. A. C. Mathieson) 10th August 1967
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