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for any superannuation benefits), or that he should be compulsorily retired, with or without reduction or suspension of superannuation benefits. In appropriate cases compulsory retirement with reduction of superannuation benefits can be effected under sections 5(2) and 8(2)a of the Ordinance. But since at present section 8(2)(a) of the Ordinance applies only to officers of 45 or over, and officer who is removed from office under the age of 45 may be entitled to no superannuation benefits whatever, we suggest that section 7 of the Ordinance should be amended to provide for the grant of appropriate pension or gratuity to an officer removed from office under CR 55, and also to one compulsorily retired as a result of proceedings under CR 57 or CR 58% (para 5 of your telegram no 1446). A reference to suspension, of superannuation benefits might also be inserted in section 5(2). (see paragraph 18 below)
CR 56
10. In our view this regulation should not be invoked in a case where the misconduct alleged may be serious enough to warrant punish- ment either by dismissal or by compulsory retirement, with or without reduced superannuation benefits.
CR 57
11. We suggest that the words "or compulsory retirement" should be inserted after the word "dismissal" in CR 57(1). If, in the light of proceedings under this section, it is decided that compulsory retire- ment is called for, section 8(2)(a) of the Pensions Ordinance and, where appropriate, section 5(2), can be invoked where the officer is over 45. In order to deal with younger officers, it will be necessary to amend section 7 as suggested in paragraph 9 above. If the officer is dismissed, under CR 63 he forfeits a claim to any pension or gratuity, and although strictly speaking CR 63 does not bind the Governor this rule is in almost every case to be taken as absolute. Following disciplinary proceedings under CR 57 therefore, in future an officer who deserves no pension or gratuity should be dismissed; one who deserves reduced or suspended superannuation benefits should be compulsorily retired.
12. In accordance with past precedent and practice when part of the pension or gratuity of an officer who is compulsorily retired is to be withheld, a reduction of up to 25% is appropriate for gross or aggravated misconduct; less (eg 5%) for less serious offences.
13. Whenever reduction or suspension of superannuation benefits on compulsory retirement is under consideration, in order to pre-empt the possibility of subsequent Parliamentary criticism, and in the interests of natural justice, an officer should be, told in advance if it is proposed to reduce his pension or gratuity and given the opportunity to make representations, which the Governor should take into account in taking his decision in the matter, eg under section 5(2) of the Pensions Ordinance.
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COMUNT DEPPTAL.
/ CR 58
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