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having regard to the conditions of the Service, the useful- ness of the officer thereto and all other circumstances of the case, that the officer's retirement is desirable in the public interest, the Secretary of State may require him to retire, and his service shall accordingly terminate on such date as the Secretary of State shall specify. In every such case the question of pension will be dealt with under the laws or regulations of the Colony.
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In the circumstances envisaged it would be necessary to give Mr. Tyrer a written statement of the complaints by reason of which his retirement is contemplated and he should be invited to make his written comments on this statement of complaint. Both the
complaint and his rejoinder should then be considered by the Secretary of State who then, without further process or formality, may require him to retire on such date as he shall specify.
5. I consider that any intermediate process, such as that suggested in paragraph 6 of Mr. Carter's minute, between Mr. Tyrer's voluntary retirement in accordance with Hong Kong Regulations or his compulsory retirement under Colonial Regulation 68, would be unwise and improper. It is of the greatest importance that officers of HMOCS, who may harbour a grievance regarding the circumstances of their departure from the Service, should have been treated precisely in accordance with a relevant prevailing regulation. It is only in such circumstances that a Minister can effectively deal with, for example, questions in Parliament or other representations on the officer's behalf.
6. I suggest that the Minister of State should, at a suitable point in the interview, ask Mr. Tyrer to confirm that he wishes his application for voluntary retirement to be considered by the Secretary of State. If he does not so confèrm, but indicates a wish to be permitted to withdraw it, he should be told that the alternative will be proceedings seeking his compulsory retirement under Colonial Regulation 68. If these proceedings should lead to his compulsory retirement, his record would show that he had been so retired in the public interest and it is only fair that he should realise that this would in all probability prejudice his prospects of re-employment.
7. I might add that an additional reason why we should be scrupulous in following prescribed procedures is that the Government of Hong Kong has persistently been somewhat arbitrary in its approach to regulations and by its actions in the past has not infrequently embarrassed the Secretary of State. I should very much hope that, in any local action on this matter, they are taking advice from their experienced Public Service Commissioner, Sir Charles Hartwell.
8.
I should be glad if we could be informed of the outcome of the interview with the Minister of State. I am myself going on leave at the end of this week and Mr. Norwood will not be back from leave until the 21st August. In the intervening week, if any further advice is required, it should be sought from Mir. Sitch who is fully familiar with the case.
9. I place opposite a copy of this minute in case you wish to retain it for your papers.
10. On the linked question of possible future employment for Mr. Tyrer, I do not think we would really be able to consider this very effectively until we know the precise circumstances of his vacation of his present post. In any event, in view of the current classification of these papers, I believe that such enquiries as might be made of our Appointments Division could best be arranged by Mr. Macoun.
(W. A. C. Mathieson) 367
9th August 1967
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