TNAG-2437-FCO40-3539-Authority-for-retirement-of-civil-servants-in-Hong-Kong-prio-1992 — Page 79

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The Rehen

approved by

Commis

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Section 11 stipulates the circumstances in which a pension may be granted for normal service, and is so headlined. Section 11 (1) (i) provides that one such circumstance shall be

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"upon his retirement in accordance with

any compensation scheme

and section 13 empowers the Governor in Council to approve

That is to say, if an officer a compensation scheme. retires in such a circumstance then a pension may be granted. Neither section 11 nor section 13 stipulates the circumstances in which an officer may be required to retire; nor do they give authority to require an officer to retire under a compensation scheme.

Therefore as the law now stands, the only circumstance "provided by law" which can bring my service

an end is that stipulated in section 10 of Cap. 99, i.e. my attainment of the age of 60 years.

Paragraph 2(c) of the "Compensation Scheme for Certain Pensionable Officers", quoted in your letter under reference as the authority for my compulsory retirement is not a provision of the law. Nor is it authority to require an officer to retire. It merely defines the categories of officers to whom the scheme applies, should they be required to retire in the circumstances described.

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To sum up, therefore : as it is not "otherwise provided by law", my appointment is, under the authority of Article XIV of the Letters Patent, during Her Majesty's pleasure, until in accordance with section 10 of Cap. 99 I am required to retire on attaining the age of 60 years.

Consequently, section 11(1)(i) and section 13 of Cap. 99, and the compensation scheme, would only come into play if it was mutually agreed that I would retire early and the Governor thereupon made a direction under paragraph 2(c) of the compensation scheme.