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CONFIDENTIAL
GRS 800
CONFIDENTIAL
FM HONG KONG
TO DESKBY 27100OZ FCO
TELNO 322
OF 27084OZ JANUARY 87
233/2
НКК RECEIVED IN REGISTRY
27 JAN 1987
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I REGISZGY
Action Taken
YOUR TELNO 182: PARLIAMENTARY QUESTION • MR ROBERT ADLEY
BACKGROUND :
1. 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-RETIRMENT 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.
2. UNDER EXISTING ARRANGEMENTS, PERMISSION IS FREELY GIVEN FOR A
PENSIONER TO TAKE UP POST-RETIRMENT EMPLOYMENT IF THE FOLLOWING
THREE CIRTIERIA ARE SATISIFED :
(A) THE OFFICER WILL NOT HAVE UNFAIR ADVANTAGE OVER COMPETITORS:
(B) THE OFFICER WILL NOT BE IN A POSITION TO USE OFFICAL INFORMATION
IMPROPERLY: AND
(C) THE OFFICER WILL NOT BE IN A POSITION TO EXERT INFLUENCE OVER
HIS FORMER DEPARTMENT.
3. IN KEEPING WITH THE GUIDELINES PROVIDED IN THE SECRETARY OF
STATE'S DESPATCH OF 18 OCTOBER 1984 REF. HW437/1 APPLICABLE TO
SENIOR OFFICERS (OFFICERS ON OR ABOVE DIRECTORATE PAY SCALE D4)
(A) PERMISSION IS NORMALLY GRANTED FOR EMPLOYMENT COMMENCING 3
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:
(C) THE GOVERNOR HAS DISCRETION TO WITHHOLD PERMISSION FOR UP TO 2
YEARS IN EXCEPTIONAL CIRCUMSTANCES, FOR EXAMPLE, IF A CONFLICT OF
INTEREST MIHT ARISE.
4. WE ARE ALSO PURSUING A PROPOSAL TO REVISE THE GENERAL PROVISION
UNDER SECTION 16 OF THE PENSIONS ORDINANCE IN THE CONTEXT OF THE
NEW PENSION SCHEME, WHEREBY ONLY PENSIONERS WHO HAVE CEASED ACTIVE
DUTY FOR LESS THAN 2 YEARS WOULD BE REQUIRED TO SEEK PRIOR
PERMISSION TO ENTER INTO EMPLOYMENT OR BUSINESS IN HONG KONG.
CONFIDENTIAL
2
HOWEVER