WS-JUN-1995 18:00
PHUL PIPUUT
would cover the period after 1997 (if the Chinese
are content to let it run on) but without using language which refers expressly to, and therefore appears to legislate for, the SAR. First of all I have separated the provisions which relate to an earlier appointed day, and therefore become spent before 1st July 1997, from what we hope could be the more permanent provisions. Secondly, in the latter, I refer to the service from which officers may retire by reference to the relevant pensions laws which should continue in accordance with article 160 of the Basic Law. I do not think these provisions will fool anyone the very expression "entitled officer" can only be understood by reference to other paragraphs of the draft and i do not know that we can have much hope that these devices will ensure that the right to premature retirement will remain, but they are worth a try.
An outstanding point relates to the time when notice may be given. So far as the phased retirements are concerned (paragraph 4(2)). I have provided that an officer or judge may give notice at any time after the Scheme is made: i.e. he does not then have to be an entitled officer, indeed, he cannot be one until his own appointed day has been fixed. I have not made such a provision explicitly in the new paragraph 3 merely providing that an entitled officer may retire once he has given the requisite notice. It is opon to argument whether this means that he could only give such notice after he became an entitled officer or he could give it before he satisfied the necessary requirements so long as he was an entitled officer when he retires. For "Chinese" reasons I have been reluctant to spell out the
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point and particularly to insert a reference to "at any time after the making of the Schome"; but, unless something is done, there is a possibility that the existing text could be construed so that, unless an officer came within paragraph 4, he could only give notice once he became an entitled officer, that is on 29th June 1997 and, therefore, could not retire until 30th December 1997. It may be prudent to take a chance and substitute a comma for the ful} stop at the end of parayraplı 3(2) and add " and may be given notwithstanding that the officer or judge is not yet an
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