Page
M6 (Cont'd)
5.
It is of interest to consider some statutory provisions in which the common law rule that civil servants may be dismissed at pleasure are disapplied. See for example section 4 of the Audit Ordinance. Cap 122 which gives the Director of Audit security of tenure until he has attained "the normal age of retirement" and section 3 of the Commissioner for Administrative Complaints Ordinance Cap 397 which gives the Commissioner security for a period of 5 years.
6.
To conclude, I do not agree that section 10 (2) of the Pensions Ordinance gives all serving pensionable officers security of tenure until the age of 60 and I advise therefore that Mr Broadley may be required by the Governor or his delegatee to retire subject to the payments due to him under the Limited Compensation Scheme.
7.
I suggest that you now write to Mr Broadley informing him that you have been advised by these Chambers that the provisions of section 10 of the Pensions Ordinance do no more than prescribe the retirement age for the purposes of that Ordinance but do not provide that all \ serving officers have security of tenure until they attain' that age and that, in the absence of specific provision to the contrary, serving officers, continue to hold their offices at Her Majesty's pleasure signified in this case by the decision of the Secretary for the Civil Service in the exercise of the authority delegated to him by the Governor. I see under paragraph 13 of Civil Service Branch Circular No 24/87 that a period of six-months' notice will normally be given. Confirmation of your decision should therefore allow Mr Broadley at least that much notice.
7.
I return
BRO/0/1 II.
herewith your
secret file : L/M to
Your Ref : L/M to BRO/0/1 II Our Ref : AGC ADV 589/00s SF (A)
در
(I Wingfield Crown Solicitor
19.3.92