TNAG-1668-FCO40-2317-Future-of-Hong-Kong-continuity-of-administration-civil-serv-1987 — Page 124

Clause 32

Presumably, it is not intended that this benefit should be payable on resignation with less than 10 years' service. Is it clear than someone who genuinely retires from the public service at 30, because he has inherited a large amount of money for example, is not entitled to a gratuity under clause 32.

Regulation 19

Category A Officers With Category B Service Before 1/4/87

I think that, for the purpose of calculating the deemed increase in service, it is pensionable service before multiplying by 675/800, under regulation 18(2), which should be used. I am not sure that this is what Regulation 19 says.

Re-entrants

The special treatment of the deemed increase in service in the case of the death gratuity under Clause 20(6) of the Bill needs to apply here also. In fact it is the death gratuity which stems from the ill-health retirement gratuity.

I do not think that the deemed increase in service under Regulation 20(1) applies to Scheduled Officers who retire before 55. If I am correct then it seems to me that, for Scheduled Officers, the limiting age in (ii) of Regulation 19 should be 60.

Regulation 20(1)

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I think that in line it should be "on or after attaining the age of 55 years .

It does not seem to me to be reasonable to make the deemed increase in service proportionate to actual service. It is the members with the least service who would be most keen to carry on to age 60 and suffer most from not being allowed to. As drafted, someone age between 55 and 56 at retirement with 32 years' completed service would receive an extra 40 months (i.e. 3.33 years) whereas someone of the same age with 16 years' completed service would receive 20 months. would be more appropriate I think to increase everyone's service by 2/3rds say of the number of months between the date of retirement in accordance with an order made under Section 10(3) and the 60th birthday. As I do not understand the logic of the policy here I cannot say whether Regulation 20 says what is intended.

It

Cont'd/...