CONFIDENTIAL
the Governor may retire any officer at any time in his career
simply by means of the Fensions Ordinance.
3. We see advantage in keeping some formal procedure where it
can be used. In addition, even if the Pensions Ordinance were
amended as suggested, there is advantage in retaining Regulation
59 for use in appropriate cases related or unrelated to corruption.
4. Agreed that Regulation 59(1) could, however, be redrafted as
follows:-
"The Governor may at any time, if it is represented to
him that the retirement of an officer is desirable in
the public interest, call for a report from the Head
of any Department in which the officer has served.
officer shall be informed of the grounds on which his
retirement is contemplated and be given an opportunity
to make representations."
The
This regulation could then be used in the case of officers whom
Hong Kong wished to dispose of because of suspected corruption.
Such an officer would be informed verbally that this was the
reason and invited to agree to his retirement under 59. Failing
this agreement, Hong Kong would either (a) nevertheless proceed
under 59; or (b) seek our approval for the use of Regulation 55
(the Queen's Pleasure Frovision). We have said that Regulation 55
could properly be used in cases where solid proof of an officer's
corruption exists in the form of evidence which, for eg security
reasons, cannot be produced in court. An officer whom Hong Kong
wished to retire for reasons other than corruption would be given
in writing the grounds on which it was proposed to retire him.
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