CONFIDENTIAL
116716 .
MDHOAN 5
(IT DOES NOT APPEAR FROM THESE ORDINANCES THAT THE GOVERNER HAS TO (NEXT WORD UNDERLINED) MAKE A SCHEME AS WELL AS APPROVE IT).
PROGESS OR OTHERWISE ON THE QUESTION OF THE SURVIVAL OF THE ENGLISH LAW APPLICATION ORDINANCE MAY BE SOME INDICATION OF THE CHINESE ATTITUDE TO SUCH A PROCEDURE AND WE WOULD BE GRATEFUL FOR YOUR, PEKING'S AND UKREP JLG'S COMMENTS ON THAT. HOWEVER, ANY ARRANGEMENTS HAVING EFFECT IN HK LAW FOR A RIGHT OF RETIREMENT WITH IMMEDIATE PENSION WOULD NEED THE CONTINUED AGREEMENT OF THE SARG AND WE WOULD HAVE TO RAISE THE ISSUE WITH THE CHINESE IF WE WERE TO GO DOWN THAT PATH. IF WE ARE NOT TO GO DOWN THAT PATH, IT WOULD ALSO BE AS WELL TO ASCERTAIN THE VIEWS OF THE CHINESE, OR DECIDE THAT THERE WAS NO PURPOSE IN ATTEMPTING TO ASCERTAIN THE CHINESE VIEWS ON THE GROUNDS THEY INEVITABLY
COULD BE ASSUMED TO BE NEGATIVE.
GRATEFUL FOR YOUR, PEKING'S AND UKREP JLG'S COMMENTS.
B SPECIFIC ISSUES
5. ASSUMING WE REMAIN OF OUR PRESENT INTENTION, WE NEED TO CONSIDER A NUMBER OF DETAILED POINTS ON THE EXISTING LEGISLATION. UNDER CAP 99, OFFICERS WITH TEN YEARS OF SERVICE, WHO ARE SUBJECT TO THE NEW PENSIONS ARRANGEMENTS, CAN RETIRE WITH A DEFERRED PENSION. UNDER SECTION 11(1)(J) A DEFERRED PENSION MAY BE PAID TO AN OFFICER WHO RETIRES WITH THE APPROVAL OF THE SECRETARY OF THE CIVIL SERVICE'' AFTER TEN YEARS OF QUALIFYING SERVICE. BUT THE CAVEAT THAT THE SECRETARY FOR THE CIVIL SERVICE MUST GIVE HIS APPROVAL MEANS THAT THE RIGHT
TO RETIREMENT WITH A DEFERRED PENSION IS NOT AUTOMATIC: AND SECTION 11(3) PROVIDES AN ADDITIONAL HURDLE. HMOCS OFFICERS MAY WELL INSIST AND WOULD BE QUITE RIGHT TO DO SO - THAT THERE SHOULD BE A PROVISION THAT THE SECRETARY FOR THE CIVIL SERVICE SHALL NOT WITHHOLD HIS APPROVAL (AND SOME SORT OF LIMIT SHOULD BE PLACED ON SECTION 11(3)), EXCEPT ON GROUNDS SIMILAR TO SECTION 27 (2) OF CAP 99 (IE DISCIPLINARY PROCEEDINGS PENDING).
6.
W
WE ALSO NEED TO CONSIDER WHETHER THERE ARE LIKELY TO BE ANY OFFICERS WITH LESS THAN TEN YEARS QUALIFYING (NOT PENSIONABLE) SERVICE? IF THERE ARE, WOULD WE NEED TO MAKE PROVISION UNDER CAP 99 FOR THEM TO BE ELIGIBLE TO RETIRE WITH DEFERRED PENSION
IF THEY ARE UNWILLING TO SERVE IN THE CHANGED CIRCUMSTANCES?
7. UNDER THE OLD PENSION ORDINANCE (CAP 89) THERE IS NO/NO
PROVISION FOR A DEFERRED PENSION AFTER A LIMITED NUMBER OF YEARS, ALTHOUGH OFFICERS OF OR OVER 45 WITH TEN YEARS QUALIFYING
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