TNAG-0076-FCO40-112-Retirement-of-the-Commissioner-of-Police-1967 — Page 21

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Reference. Original on ODM. Fl..

54742 FED (T.S.)

25

...

ZIA

Mr. Hall

I have registered opposite on our papers your minute of the 7th August covering the note by Mr. Carter of the 3rd August about Mr. Tyrer.

2.

As I understand the position from a sight which I had earlier of telegrams exchanged with Hong Kong, it is this. Mr. Tyrer is still the holder of the post of Commissioner of Police in Hong Kong, to which he was promoted with the approval of the Secretary of State. He was informed that he had lost the confidence of the Acting Governor and invited to submit an application to retire with immediate effect. This he did, in writing, and his application is lodged with the Acting Governor. Under Regulation 332 of the Establishment Regulations of the Hong Kong Government, an officer between the ages of 45 and 55 years may apply to retire prematurely. The Secretary of State must approve the voluntary retirement of an officer who holds an appointment, such as that of Mr. Tyrer's, which is subject to the approval of the Secretary of State. Mr. Tyrer will be 50 in September of this year and the retirement of officers who are aged 50 years or more will normally be allowed unless the Governor considers that it would not be in the public interest to allow the officer to retire.

3.

[not

Regulation 333 reads as follows:

"Withdrawal of application to retire prematurely.

333. An officer who applies for permission to retire before attaining the normal retiring age will not be permitted to withdraw his application unless he can show that circumstances, which he could reasonably have been expected to foresee when he gave notice, have arisen to justify the withdrawal of his application to retire.

!?

This Regulation is normally designed to provide for circumstances of genuinely voluntary retirement, where the officer has lodged an application in his own interests. I consider that, if Mr. Tyrer now wishes to withdraw his application, in the circumstances of his case it would be inequitable to invoke Regulation 333. There is, however, no reason in law why it should not be invoked.

4. If Mr. Tyrer wishes to withdraw his application for voluntary retirement, and if he is permitted to do so, there is no other appropriate means available for his removal other than proceedings under Colonial Regulation 68 for his compulsory retirement in the public interest. Colonial Regulation 68 reads as follows:-

"68. Notwithstanding the above provisions, if the Governor considers that an officer holding an office appointment to which is subject to the approval of the Secretary of State, or who, though not holding such an office, was selected for appointment by the Secretary of State, should be required to retire from the Service on grounds which cannot suitably be dealt with by specific charges under the foregoing Regulations, he shall submit a full report upon the case to the Secretary of State, forwarding statements from the heads of the departments in which the officer has served and the officer's reply to the canplaints by reason of which his retirement is contemplated; and if the Secretary of State is satisfied

/having

Code 18-75

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