TNAG-2437-FCO40-3539-Authority-for-retirement-of-civil-servants-in-Hong-Kong-prio-1992 — Page 12

CONFIDENTIAL

28

226

19 November 1992

PA

(By Fax)

MJ C Waters Esq

Government Secretariat Civil Service Branch

Lower Albert Road Hong Kong

врат

HKA 233/7

Foreign & Commonwealth

Office

London SWIA 2AH

Telephone: 071 270 2652

Dear Mike,

AUTHORITY FOR RETIREMENT:

LIMITED COMPENSATION SCHEME

22

Thank you for your letters of 30 October and 3 November. We have now prepared our submission on this subject and I would like to check one more time that you are content with the final version of draft Regulation 93.

As you will see from the enclosed draft, we have included your suggestion for the first sentence of the Regulation and have also included a second part to the Regulation setting out the Governor's ability to delegate the authority to retire officers. We are also content with your proposed wording to cover officers directed to retire on sensitive service grounds under the LCS and Special Compensation Scheme, which is now included in sub-paragraph (1)(a) of draft Regulation 93.

Although we previously suggested to you that a sub-paragraph should be added to the regulation as sub-paragraph (i) to mirror the grounds for giving compensation contained in paragraph 2 (a) of the LCS, further reflection has convinced us that it should be omitted after all. This is because the Limited Compensation Scheme, paragraph 2 (a) provides for voluntary retirement of an officer in the case that the governor's permission is granted, whereas paragraph 2 (c) covers the case in which the Governor directs that an officer is retired. In order to keep this distinction, legal advice is that we should omit sub-paragraph (i). The LCS, paragraph 2(c) will be reflected in subparagraph (1)(b) of the new draft Regulation.

CONFIDENTIAL