Ms Paris
HKD
PA $28110
HKA 233/7
From:
Miss S Brooks
Legal Counsellor
Date:
22 October 1992
19
AUTHORITY FOR RETIREMENT:
1.
LIMITED COMPENSATION SCHEME
I think we need to check the wording of the proposed amendment for Hong Kong to Section J, "Retirement", of the Colonial Regulations. The HKG's revised wording is acceptable provided the Special Branch Compensation Scheme provides for compensation if circumstances exist which, in the opinion of the Governor, make it undesirable for an officer to continue in service. The Limited Compensation Scheme only refers to circumstances existing which make it unreasonable for an officer to continue in service; in other words, under this scheme a person who is retired on the grounds that it is undesirable for him to continue in service will not be eligible for compensation. This may be intentional, but I just wonder whether such a person is covered by the Special Branch Compensation Scheme. There is also a second point, namely, that if we are trying to mirror the grounds for giving compensation under the Limited Compensation Scheme in setting down the grounds for retirement, then surely we need also to put in a provision which would track paragraph 2(a) of the Limited Compensation Scheme; in other words, ought we not to include as a ground of retirement that the officer has been directly superseded for promotion in a vacancy not specifically created by a premature retirement in order to facilitate localisation in pursuance of a policy of giving preference in promotion to local officers? This does not necessarily seem to be covered by the separate ground of retirement in the interests of localisation and in any case, as it exists as a separate ground in the Limited Compensation Scheme, it should be included as a separate ground for retirement in the Colonial Regulations. Please check this with HKG. I attach a revised version of the new Regulation 93 of the Colonial Regulations to send to them.
2.
We will need to obtain the Secretary of State's approval to the amendment to the Colonial Regulations. I am not aware of any special form in which this is done, but I think, as you suggest, it would be a good idea to set the amendment out on a separate piece of paper which he would then sign.
/3.
1