TNAG-1668-FCO40-2317-Future-of-Hong-Kong-continuity-of-administration-civil-serv-1987 — Page 252

DB2 ASI

BACKGROUND

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1.

and

2.

Mr Adley is a member of the Hong Kong Parliamentary Group

a frequent questioner on a wide range of Hong Kong issues.

Section 16 of the Pensions Ordinance (Cap. 89, Laws of Hong

Kong) provides that pensioners must seek prior approval from the

Governor before taking up post-retirement employment or entering

into business, if the principal part of such employment or business

is in Hong Kong: otherwise pension benefits payable to them may

cease

3.

Under existing arrangements

permission is freely given for

a pensioner to take up post-retirement employment if the following

criteria are satisfied :

(a)

the officer will not have unfair advantage over competitors;

(b)

the officer will not be in a position to use official

information improperly; and

(c)

4

the officer will not be in a position to exert influence

over his former department.

In keeping with the guidelines provided in the Secretary of

State's despatch of 18 October 1984 applicable to senior officers

(officers on or above Directorate Pay Scale D4):

(a)

permission is normally granted for employment commencing

three months from the last day of service;

(b)

the Governor has discretion to give immediate permission

where it is in the public interest to do so; and

(c)

for example, if a

the Governor has discretion to withhold permission for up to

two years in exceptional circumstances,

conflict of interest might arise.

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