HOWEVER, THE LEGISLATION WOULD PROVIDE FOR THE GOVERNOR TO HAVE AUTHORITY TO DIRECT CERTAIN OFFICERS TO CONTINUE TO SEEK SUCH PRIOR
APPROVAL BEYOND THE TWO YEAR PERIOD OF THE CIRCUMSTANCES SO WARRANT.
DRAFT REPLY
5. WE SUGGEST THE DRAFT REPLY TO MR ADLEY AS FOLLOWS :
''FORMER CIVIL SERVANTS IN HONG KONG WHO ARE IN RECEIPT OF
GOVERNMENT PENSIONS ARE REQUIRED UNDER SECTION 16 OF THE PENSIONS
ORDINANCE (CAP. 89, LAWS OF HONG KONG) TO SEEK PRIOR APPROVAL FROM THE GOVERNOR BEFORE TAKING UP POST-RETIREMENT EMPLOYMENT OR
BUSINESS, IF THE PRINCIPAL PART OF THE EMPLOYMENT OR BUSINESS IS
IN HONG KONG. FAILURE TO COMPLY WITH THIS REQUIREMENT MAY RESULT
IN THE CESSATION OF THEIR PENSIONS. THERE HAS BEEN NO SUCH CASE.
THE GENERAL CRITERIA ADOPTED IN CONSIDERING SUCH APPLICATIONS ARE
THAT -
(A) THE OFFICER CONCERNED SHOULD NOT HAVE UNFAIR ADVANTAGE OVER COMPETITORS:
(B) HE SHOULD NOT BE IN A POSITION TO USE OFFICIAL INFORMATION
IMPROPERLY : AND
(C) HE SHOULD NOT BE IN A POSITION TO EXERT INFLUENCE OVER HIS
FORMER DEPARTMENT.
RETIRING OFFICERS ARE ADVISED OF THESE CRITERIA WHICH ARE
STIPULATED IN THE CIVIL SERVICE REGULATIONS.
IN THE LAST TEN YEARS, BASED ON RECORDS AVAILABLE, THE NUMBER OF APPROVED APPLICATIONS IN RESPECT OF FORMER SENIOR OFFICERS (SECRETARIES AND HEADS OF DEPARTMENTS) TO ACCEPT POST-RETIREMENT EMPLOYMENT WHILST ON PENSION WERE
1976/77 2
1977/78 3
1978/79
-
1979/80 2
1980/81 1
1981/82 2
1982/83 1
1983/84
1984/85 3
1985/86 5
6. FOR YOUR INFORMATION, PLEASE NOTE THAT THE STATISTICS PROVIDED ABOVE ARE BASED ON AVAILABLE RECORDS. INDEED, SUBSEQUENT TO OBTAINING APPROVAL, OFFICERS MAY HAVE MODIFIED ARRANGEMENTS OR CEASED EMPLOYMENT WITHOUT NOTIFICATION.
AKERS-JONES
HMLNAN 7818
LIMITED
HICD
PRU
SIR D WILSON
CONFIDENTIAL
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