1993-02-20
11:08
C.S.B. (1) 8685069
852 866 5069 P.05
CHAPTER II TERMINATION OF SERVICE
NORMAL RETIREMENT AND VOLUNTARY PREMATURE RETIREMENT
(a) GENERAL
Replacement for a retiring officer
325 When approval has been given for an officer to retire, his Head of
Department should take the necessary action to ensure that a replacement will be available at the appropriate time.
Acceptance of outside appointments after retirement
June 92
325 (1)
(2)
(3)
Section 16 of the Pensions Ordinance, Cap. 89, and Section 30 of the Pension Benefits Ordinance, Cap. 99 provide that any pension or allowance granted to a person may be suspended if such person has, within 2 years of his retirement, or such longer period as determined by the Governor, without the prior permission of the Governor in writing -
(a) entered business on his own account;
(b) become a partner in a partnership;
(c) become a director of a company; or
(d) become an employee,
if the principal part of such business or of the business of such partnership or company or of his employment is, in the opinion of the Governor, carried on in Hong Kong.
It is important that there should be no impropriety or conflict with the public interest in the proposed appointment. In this respect account will be taken of :-
(a) whether the officer had been involved in policy
formulation or decision, the effects of which could have benefitted his prospective employer;
(b)
(c)
whether the employer might gain an unfait advantage over his competitors because of the officer's previous knowledge and experience;
the public perception of the officer taking up the appointment in question; and
(d) especially for senior officers, whether the proposed
appointment would result in an undesirably high public profile.
The authority for approving such applications is vested as follows :
(a) The Governor personally
Secretaries and Heads of Departments
Amendment No. 71(9)/92
Page 75Page 76
1993-02-20 11:09 C.S.B. (1) 8685069"
326
(3)