TNAG-0494-FCO40-559-Establishment-of-Anti-Corruption-Commission-in-Hong-Kong-1974 — Page 77

14

16.

17.

(b) On resignation all casual leave is forfeited with effect from the date

upon which Government requires notice of resignation to be given.

TERMINATION OF APPOINTMENT

(1)

(ii)

(iii)

The Hong Kong Government may terminate the service:-

(a) of an officer serving on agreement at any time by giving him three months'

notice in writing or by paying him one months' salary in lieu of notice;

(b) of an officer serving on probation at any time by giving him one month's notice in writing or by paying him one month's salary in lieu of notice;

(c) of an officer who has been confirmed to the pensionable establishment, in accordance with the provisions of Colonial Regulations, Part I, Appendix II, Colonial Regulations 57 - 59.

If at any time a Government medical officer, or the consulting Physician to the authority who acts on behalf of the Hong Kong Government certifies that an officer on agreement is incapable be reason of any infirmity of mind or body (such incapacity not being caused by his own misconduct) of rendering further efficient service, and his services are on that account terminated, he may be granted leave in accordance with the regulations governing the invaliding of pensionable officers.

If the Officer is in Hong Kong at the time his services are terminated under either (i) or (ii) above and the reason for termination under sub-paragraph (1) above is not misconduct, passages to his country of origin will be provided for himself and his family (subject to the same limitations as appear in Section 11 of this Memorandum), provided that he claims and avails himself of such passages within one month from the date of the termination of his services. He shall have no further claim on the Government.

(iv) In accordance with the provisions of the Hong Kong Pensions Ordinance

(Cap. 89) an officer who has been confirmed to (or is on probation to) the pensionable establishment may be invalided from the service on receipt of medical evidence that the officer is incapable by reason of any infirmity of mind or body of discharging the duties of his office and that such infirmity is likely to be permanent. Such an officer's service is not usually terminated on account of ill-health if there is a definite prospect of his being able to perform his duties satisfactorily within a reasonable period of time after receiving medical treatment, and being granted sick leave in accordance with Establishment Regulations.

DISMISSAL OR PUNISHMENT FOR MISCONDUCT, ETC.

(i)

Pensionable and probationary officers

An officer who has been confirmed to (or is on probation to) the pensionable establishment may be dismissed for misconduct. On dismissal, such an officer forfeits all rights and advantages of his appointment, and no retiring benefits are granted to him.

(ii) Officers on agreement

If an officer on agreement at any time neglects or refuses or for any reason (except ill-health not caused by his misconduct) becomes unable to perform any of his duties or to comply with any order, or shall disclose any information concerning the affairs of the Hong Kong Government to any unauthorised persons,

/or...