WEDNESDAY, MARCH 11, 1737

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APPROVAL NEEDED FOR WORK AFTER RETIREMENT

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THE PENSIONS ORDINANCE REQUIRED RETIRED CIVIL SERVANTS TO SEEK PRIOR APPROVAL BEFORE TAKING UP POST-RETIREMENT EMPLOYMENT OR WHEN ENTERING INTO BUSINESS, IF THE PRINCIPAL PART OF SUCH EMPLOYMENT OR BUSINESS WAS IN HONG KONG, THE CHIEF SECRETARY, THE HON DAVID FORD, TOLD THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

+OTHERWISE PENSION BENEFITS PAYABLE TO THEM MAY CEASE,+

HE SAID.

IN A WRITTEN REPLY TO A QUESTION BY DR THE HON CONRAD LAM, MR FORD SAID THAT FOR OFFICERS AT SECRETARY OR HEAD OF DEPARTMENT LEVEL A FURTHER CAVEAT WAS THAT THEY WERE NOT PERMITTED TO TAKE UP EMPLOYMENT UNTIL AT LEAST THREE MONTHS FROM THE IR LAST DAY OF ACTIVE SERVICE.

+ALTHOUGH THE GOVERNOR HAS DISCRETION TO WAIVE THIS 'SANITATION' PERIOD, HE HAS THE AUTHORITY TO WITHHOLD PERMISSION FOR UP TO TWJ YEARS IN EXCEPTIONAL CIRCUMSTANCES, FOR EXAMPLE, IF A CONFLICT OF INTEREST MAY ARISE, HE ADDED.

UNDER EXISTING ARRANGEMENTS, PERMISSION WAS GRANTED FREELY IF THE FOLLOWING THREE CRITERIA WERE SATISFIED:

(A) THE OFFICER WILL NOT HAVE UNFAIR ADVANTAGE OVER

COMPETITORS;

(B)

THE OFFICER WILL NOT BE IN A POSITION TO USE OFFICIAL INFORMATION IMPROPERLY; AND

THE OFFICER WILL NOT BE IN A POSITION TO EXERT INFLUENCE OVER HIS FORMER DEPARTMENT.

(C)

MR FORD SAID THAT APART FROM PROVISIONS OF THE PENSIONS ORDINANCE ALL OFFICERS WERE BOUND BY THE OFFICIAL SECRETS ACT AND WERE THUS DEBARRED FROM MAKING USE OF OR RELEASING ANY INFORMATION WHICH MIGHT BE SENSITIVE.

AS REGARDS OFFICERS WHO HAD RESIGNED FROM THE SERVICE WITHOUT A PENSION THEY WERE FREE TO TAKE UP EMPLOYMENT IN THE PRIVATE SECTOR WITHOUT SEEK ING PERMISSION BUT THEY TOO WERE BOUND BY THE OFFICIAL SECRETS ACT, HE ADDED.

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