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The Hong Kong (Overseas Public Servants) (Retirement and Compensation) Order 1996

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Retirement between 1st July 1996 and 30th June 1997

3.—(1) Any person on the pensionable establishment of the Government of Hong Kong who satisfies the conditions specified in the definition “entitled officer”(other than item (c) of that definition) may, notwithstanding that he has not reached an age or completed the amount of service prescribed therefor in the relevant pension law of Hong Kong, give the requisite notice of his wish to retire from the service of that Government on a date between 1st July 1996 and 30th June 1997, both days included (in this article referred to as the “relevant period”), and to proceed on leave pending retirement before such date.

(2) Subject to paragraph (3) and the person concerned taking all the leave due to him before the end of the relevant period, the Governor shall approve the retirement of a person who gives notice under paragraph (1) on a date during the relevant period not later than the day following the last day of any such leave, and shall appoint the day immediately preceding the day of retirement as such person’s appointed day.

(3) If the Governor considers it necessary to do so in the public interest, he shall ensure that the retirement of all such persons who give notice under this article is phased throughout the relevant period.

(4) The requisite period of notice for the purpose of this article is six months prior to retirement or proceeding on leave prior to retirement, whichever will first occur, or such shorter period as the Governor may allow.

(5) Any period before the coming into operation of this Order subsequent to the giving of notice of a person’s wish to retire in accordance with paragraph (1), will count towards the requisite period of notice under this article; and any indication by the Governor, before the coming into operation of this Order, of the approval of the retirement of a person in accordance with this Order will, on the coming into operation of this Order, have effect as an approval for the purposes of this article.

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