XN000022-1987-06-24 — Page 17

WEDNESDAY, JUNE 24, 1987

15

COURT ACTION LAST RESORT IN PENSION CLAIM

*

AGGRIEVED AT SHOULD ONLY DAVID

RECOURSE TO THE COURTS FOR ANY PERSONS WHO FEEL THE CANCELLATION SUSPENSION OR REDUCTION OF HIS PENSION BE THE ULTIMATE CHANNEL OF APPEAL, THE CHIEF SECRETARY, THE HON FORD, TOLD THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY}.

BENEFITS WINDING UP THE DEBATE ON THE PENSION SAID HE ACCEPTED THAT THERE SHOULD BE OTHER PROCEDURES PENSIONERS TO APPEAL IN THE FIRST INSTANCE.

BILL. MR FORD AVAILABLE FOR

WITH STAFF, TO ΤΟ ADVISE THE TO CANCEL. HE SAID.

"IT IS THEREFORE PROPOSED, AFTER CONSULTATION INTRODUCE ARRANGEMENTS FOR THE APPOINTMENT OF A BODY GOVERNOR, WHERE APPROPRIATE, ON APPEALS AGAINST DECISIONS SUSPEND OR REDUCE A PENSION TAKEN UNDER DELEGATED AUTHORITY,

PENSIONER'S

AN OFFENCE OFFENCES UNDER THE

MR FORD STRESSED ACTIONS TO WITHDRAW OR REDUCE A PENSION COULD ONLY BE TAKEN WHEN SOMEONE WAS CONVICTED OF OF AN

SERIOUS EXTREMELY PREVENTION OF BRIBERY ORDINANCE.

NATURE,

INCLUDING

BE CONNECTED

HE ADDED THAT IN GENERAL, THE OFFENCE MUST THE PENSIONER'S WORK IN THE CIVIL SERVICE AND MUST BE SO SERIOUS IT CAUSED GRAVE DAMAGE TO HONG KONG OR THE CIVIL SERVICE.

WITH THAT

CAN BE CANCELLED GRANT OF A THAN PREVENT

"AS REGARDS THE PROVISION WHEREBY A PENSION .IF SOMEONE HAS WILFULLY SUPPRESSED FACTS MATERIAL TO THE ¡PENSION, THIS IS AN EXISTING PROVISION AND DOES NO MORE A PERSON OBTAINING A PENSION BY FALSE PRETENCES," HE SAID.

THAT

PENSION IS NOT THE INFORMATION PERSON

"IT IS A NECESSARY SAFEGUARD TO ENSURE THAT A GRANTED OR MAY BE WITHDRAWN WHERE IT IS FOUND

WAS UNTRUE AND THE PENSION WHICH LED TO THE AWARD OF CONCERNED WAS AWARE OF THIS," HE STRESSED.

THE

PROPOSAL то "GENERAL THE TERM MR FORD SAID THAT PROVIDED THAT PENSIONS GENERALLY

WHILE NOTING THAT THERE HAD BEEN REFERENCE TO THE

THE REPLACE THE PHRASE "FUNDS REVENUE" IN CERTAIN SECTIONS OF THE LEGISLATION, THE EXISTING LEGISLALTION ALREADY WERE PAID FROM GENERAL REVENUE.

COLONY"

WITH

"THE REFERENCE TO FUNDS OF THE COLONY APPEARS ONLY IN

OFFICERS WITH

DEALING TERRITORILO,

HE SAID.

TRANSFERRED

FROM

OR

ΤΟ

OTHER

SECTIONS BRITISH

CT

A MODEL THERE MAY BE

THIS IS PROBABLY BECAUSE THESE SECTIONS ARE BASED ON

WHICH AMONG APPLICABLE TO MOST BRITISH TERRITORIES VERY DIFFERENT TERMS FOR GOVERNMENT MONIES.'

THE

OF THE

FACT THAT:

THE PROPOSED REPLACEMENT OF TERMS WAS BASED ON THE

PRECISE DEFINITION; "FUNDS

HAD NO PHRASE

COLONY"

ΤΟ BE PAID FROM GENERAL PROVISION SHOULD BE MADE FOR ALL I ENSIONS

PENSIONS THAN SECURITY FOR

GREATER

REVENUE; THERE COULD DE NO PROVIDE FOR THEM TO BE PAID FROM GENERAL REVENUE.

то

/IR FORD