TNAG-1670-FCO40-23182-Future-of-Hong-Kong-continuity-of-administration-civil-serv-1987 — Page 388

CONFIDENTIAL

Pension Benefics Bill 1987

and Pension Benefits Regulacions 1987

Members are requested to note that, in accordance with the decisions made on Memorandum XCC (87) 70 at the meeting on 12 May 1987, and in the light of legal advice,

advice, the following amendments have been made to the Pension Benefits Bill 1987 :-

(a)

Clause 8(2) is substituted with

11

(2)(a) An option under subsection (1) shall

be sent to the Secretary for the Civil

Service.

the

(b) (i) Having received from an officer an option under subsection (1), if the Secretary for the Civil Service, having had regard to circumstances of the particular case, is of opinion that to allow the officer to exercise the option would prejudice the interests of the public service,

service, he may reject the option.

(ii) In case, pursuant to sub-paragraph (i), the Secretary for the Civil Service rejects an option, he shall, as soon as may be, inform the officer concerned in writing of both the rejection and the reasons therefor.

(c) A person aggrieved by a rejection under paragraph (b)(i) relating to him may, within 30 days of the notification to him of the rejection, ΟΙ such longer period as the Governor may permit, petition the Governor against

the rejection and

Governor may, shall think fit, either confirm the rejection or direct that the option to which the petition relates be accepted.

as

the

he

(d) The power conferred on the Secretary for the Civil Service by paragraph (b)(i) may be exercised as regards a particular option under subsection (1) at any time within the period of 12 months beginning on the day on which the received by him.";

option

is

CONFIDENTIAL