TNAG-2437-FCO40-3539-Authority-for-retirement-of-civil-servants-in-Hong-Kong-prio-1992 — Page 37

28 October 1992

(By Fax)

MJ C Waters Esq

Civil Service Branch Government Secretariat Lower Albert Road Hong Kong

CONFIDENTIAL

1 HKA 233/7

1992

Foreign & Commonwealth

Office

20

London SWIA 2AH

Telephone: 071-270 2652

Dear mike,

AUTHORITY FOR RETIREMENT: LIMITED COMPENSATION SCHEME

Thank you for your letter of 13 October. I was glad to hear, from our subsequent telephone conversation, that Mr Broadley has now agreed to retire early. However, I think it is still important that the necessary amendment to the Colonial Regulations should be made as soon as possible. Our legal adviser has drawn up the enclosed addition to the Colonial Regulations and I would be grateful for your confirmation that it is acceptable.

Sub-paragraph (ii) of this draft regulation includes the wording given in your letter to cover fully officers directed to retire on sensitive service grounds under the LCS and the Special Branch Compensation Scheme. However, the LCS only refers to circumstances which make it unreasonable for an officer to continue in the service. Under the LCS a person who is retired on the grounds that it is undesirable for him to continue in the service, would not be eligible for compensation. As I believe Nigel Whitney mentioned to you on the telephone yesterday, we would like to have a copy of the Special Branch Compensation Scheme to see whether it provides for compensation if circumstances exist which make it undesirable for an officer to continue in the service.

Sub-paragraph (i) of the draft regulation has been included to mirror the grounds for giving compensation contained in paragraph 2 (a) of the

This point would not necessarily be covered by the separate ground of retirement in the interests of localisation and as it exists as a separate point in the LCS, it seems best to include it as a separate ground in the Colonial Regulations. Do you agree?

CONFIDENTIAL