Redacted
under FOI exemption 40(2)
Foreign and Commonwealth Office London SW1A 2AL
A J Scott Esq
Secretary for the Civil Service
Colonial Secretariat
•
HONG KONG
Telephone 01-
Dear Alan.
TERMINATION OF APPOINTMENT AND LOSS OF SUPERANNUATION BENEFITS
PA.
Your referenca
Our reference
HX 18/501/5
Date
9 April 1974
гол
/or
CR 58
1.
Now that the cases of
have been
disposed of, we need to wind up the questions arising from your telegrams Nos 1446 of 14 December and 77 of 22 January on the points remaining to be settled from the Blair-Kerr report.
2. I am sorry that this has taken so long, but the issues are com- plicated, and what we are now proposing to some extent breaks new ground, in particular the concept that (whatever may have been the practice in the past), as retirement in the public interest under CR 59 is not a punishment, it should not normally be associated with reduction of pension, which is. When reduction of pension (as distinct from suspension until retiring, age) is appropriate it should therefore, in future be associated with compulsory retirement enforced under the disciplinary provisions of CR 57 (which will have to be amended for the purpose, or in exceptional cases with removal from the public service under CR 55. This new doctrine serves to bring practice under CRS rather more into line with present practice in the UK Civil Service, in which superannuation benefits can be permanently withheld only in exceptional and clearly- defined circumstances (in cases of treason, bankruptcy or assignment) We shall have to submit the new doctrine to higher authority, and at the appropriate time you will wish to put it to the Staff Associations; but first we will appreciate your comments.
▸
3. The purpose of this letter is to clarify the general application of Article XVI of the Letters Patent, and the provisions of the Hong Kong Colonial Regulations and Pensions Ordinance which relate to termination of appointment, with or without loss of superannuation benefits. Our comments are intended as a basis for guidance, not only for Hong Kong but, mutatis mutandis, generally for all other Dependent Territories to which Colonial Regulations apply. In the last resort every case has to be decided on its individual merits.
CR 54
:
4. We are advised that reduction of pension is a punishment and accordingly suggest thai CR 54 (3) should be re-worded to reflect this, as follows:-
/ "(5)