DB2 ASI
BACKGROUND
RESTRICTED
1.
and
2.
Mr Adley is a member of the Hong Kong Parliamentary Group
a frequent questioner on a wide range of Hong Kong issues.
Section 16 of the Pensions Ordinance (Cap. 89, Laws of Hong
Kong) provides that pensioners must seek prior approval from the
Governor before taking up post-retirement employment or entering
into business, if the principal part of such employment or business
is in Hong Kong: otherwise pension benefits payable to them may
cease
3.
Under existing arrangements
permission is freely given for
a pensioner to take up post-retirement employment if the following
criteria are satisfied :
(a)
the officer will not have unfair advantage over competitors;
(b)
the officer will not be in a position to use official
information improperly; and
(c)
4
the officer will not be in a position to exert influence
over his former department.
In keeping with the guidelines provided in the Secretary of
State's despatch of 18 October 1984 applicable to senior officers
(officers on or above Directorate Pay Scale D4):
(a)
permission is normally granted for employment commencing
three months from the last day of service;
(b)
the Governor has discretion to give immediate permission
where it is in the public interest to do so; and
(c)
for example, if a
the Governor has discretion to withhold permission for up to
two years in exceptional circumstances,
conflict of interest might arise.
RESTRICTED