註冊總署
香港金鐘道六十六號
金鐘道政府合署二十樓
C
理函請註明本署檔號
In reply please quote this ref.: PF 3860 V (S/F)
Your Ref.: L/M to BRO/0/1 II
Tel.:
867 2126
Secretary for the Civil Service (Attn: Ms Sandra Lee)
Dear Ms Lee,
Thank you for your letter.
G
REGISTRAR GENERAL'S DEPARTMENT
QUEENSWAY GOVERNMENT OFFICES, 20TH FLOOR, 66 QUEENSWAY, HONG KONG.
25th March 1992
D(DC).
factiful fe ditt.474.
A
DUNDING
You state that serving officers hold their offices at Her Majesty's pleasure, and that the retiring age in the Pension Benefits Ordinance does not give an officer security of tenure until he áttains that age, and does no more than prescribe the retirement age "for the purposes of the Ordinance".
비프
If it is true that the Pension Benefits Ordinance does not prescribe the age at which an officer is required to retire, the authority for that power must lie elsewhere.
I believe that Her Majesty's Government in the United Kingdom recognises that they have a special obligation towards me as a public officer selected for appointment by the Secretary of State, and as a member of Her Majesty's Overseas Civil Service, and that so long as Her Majesty's Government retains responsibility for the Government of the territory the necessary safeguarâs are provided by the Colonial Regulations or the constitutional instruments.
Colonial Regulations do not appear to contain any authority under which an officer selected for appointment by the Secretary of State can be required to retire, except in the public interest under the disciplinary procedure specified in regulations 54 to 67, or on medical grounds as referred to in regulation 92.
I should be grateful, therefore, to learn the precise authority under which I am being required to retire.
OB/CC
Yours sincerely,
(Owen Broadley ) AOSGC
Registrar General's Department