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27
Reference.....
Mr. Godden
The file below is an 0.D.M. file and I am
therefore not minuting on it.
I am not sure when the Minister of State is to
see Mr. Tyrer, but before he does he should see the two minutes by Mr. Mathieson.
Mr. Mathieson's minute of 9 August drew attention to Colonial Regulation 68 and his
suggestions for handling the discussion with
Mr. Tyrer are set out in paragraph 6 of that minute.
At my request Mr. Mathieson has looked at
this again and has now sent another minute of
10 August, which refers to Regulation 380 of the Establishment Regulations of the Hong Kong Government, and under these Regulations the Governor in Council (with the approval of the Secretary of State in cases where his approval is required) can order an officer to retire after
attaining the age of 45 and the reasons for the decision need not be given to the officer.
A lot will depend on how the meeting with Mr. Tyrer goes and whether Mr. Tyrer agrees to let his written request to retire stand or wishes to
withdraw it.
If Mr. Tyrer wishes to withdraw the request, the O.D.M. advice is that he should be permitted to
do so,
but it should be made clear to him that in
those circumstances action for his compulsory retirement will be put into motion. The procedures under Col. Reg. 68 and Hong Kong
Regulation 380 involve retirement "in the public
interest". The difference between the two
procedures is that under C.R. 68 the officer has to
be given a statement of the reasons which made it
in the public interest to retire him and he would
have an opportunity to comment on those reasons. This requirement does not apply in the case of Hong Kong Regulation 380.
If Mr. Tyrer does wish to withdraw his
application to retire, we must take up with Hong Kong the procedure they would wish to use make him retire compulsorily, and we would
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certainly
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