2Amendment of article 2 of the principal Order
(1) The definition “specified officer” in article 2 of the principal Order shall be amended by deleting item (d) of that definition, and substituting the following two items:
“(d) an expatriate officer who, prior to the 19th July 1956, held a pensionable office on pensionable terms in the service of Hong Kong, being a person who is certified by the Secretary of State:
(i) as having been selected or promoted to such office by, or with the approval of, the Secretary of State; or
(ii) as having been recruited to such office through the Crown Agents for Overseas Governments and Administrations; or
(iii) as having been recruited through other channels to such office in the service of Hong Kong for which a normal channel of recruitment was either through the Colonial Office or the Crown Agents,
other than an officer whose application for membership of HMOCS has been refused; or
(e) an officer who, at any time prior to the 1st July 1997, held a pensionable office on pensionable terms in the service of Hong Kong and who:
(i) was appointed to an office in such service for which, in the opinion of the Secretary of State, a normal channel of recruitment would have been either the Colonial Office or the Crown Agents; and
(ii) was appointed to such office on overseas terms of service; and
(iii) when first appointed to an office in the service of Hong Kong, was not normally resident in the area comprising Hong Kong, China (including the territory of Taiwan) and Macao,”.
(2) Article 2 shall be amended by adding the following new paragraph:
“(4) For the purposes of item (e) of the definition of “specified officer” in paragraph (1), a person shall not be treated as normally resident in the area comprising Hong Kong, China (including the territory of Taiwan) and Macao:
(a) by reason of his residence there for a period of not more than three years immediately before his appointment to the service of Hong Kong; or
(b) during any period prior to his appointment to the service of Hong Kong when he resided in such area solely for the purpose of employment there on expatriate terms (namely on terms which entitled him to financial assistance in respect of periodical leave of absence outside such area); or
(c) if he was not born within the area of parents settled there and, on retirement from the service of Hong Kong or from other public service in Hong Kong immediately following a period of service under the Government of Hong Kong, he left the area and did not return to reside in it.”.
Specified date: 1 May 1999: see art 1(2).