for any superannuation benefits), or that he should be compulsorily retired, with or without reduction or suspension of superannuation benefits. In appropriate cases compulsory retirement with reduction of superannuation benefits can be effected under sections 5(2) and 8(2)a of the Ordinance. But since at present section 8(2)(a) of the Ordinance applies only to officers of 45 or over,adinofficer who is removed from office under the age of 45 may be entitled to no superannuation benefits whatever, we suggest that section 7 of the Ordinance should be amended to provide for the grant of appropriate pension or gratuity to an officer removed from office under CR 55," and also to one compulsorily retired as a result of proceedings under CR 57 or CR 58. (para 5 of your telegram no 1446). A reference to suspension. of superannuation benefits might also be inserted in section 5(2). (see paragraph 18 below).
CR 56
"
10. In our view this regulation should not be invoked in a case where the misconduct alleged may be serious enough to warrant punish- ment either by dismissal or by compulsory retirement, with or without reduced superannuation benefits
CR 57
a
11. .We
We suggest that the words 'or compulsory retirement" should be inserted after the word "dismissal" in CR 57(1). If, in the light of proceedings under this section, it is decided that compulsory retire-- ment is called for, section 8((a) of the Pensions Ordinancɔ mud, where appropriate, section 5(2), can be invoked whore the officorin over 45. In order to deal with younger officers, it will be necougary to amend section 7 as suggested in paragraph 9 abova. 14 Az oft is- dismissed, under CR 63 he forfeits a-olainte-ums-pensies-ou --- - gratuity, and although strictly speaking CR 63 does not bind tho Governor this rule is ir almost every case to be taken as ausolabe Following disciplinary proceedings under CR 57 therefore, in futura an officer who deserves no pension of gratuity should be diamioned: one who deserves reduced or suspended superannuation benefits should be compulsorily retired.
A
12. In accordance with past piscedent and practice when part of th pension or gratuity of en officer who is compulsorily rotired is to be withheld. a reduction of up to 25% is appropriate for groas or : aggravated misconduct; less (er %) for Loss serious offences.
13. Whenever reduction or sustension of superannuation benefits on compulsory retirement is under consideration, in order to pre-ompl the possibility of subsequent Farliamentary criticism, and in the interesta of natural justice on officer should be told in advance it is proposed to reduce his pcnsion or gratuity and given the opportunity to make representations, which the Governor should tale into account in taking hie decision in the matter, eg under section 5(2) of the Pensions Ordinance -
CONEXENTIAL
CLI