Conditions of Service and Discipline Branch Column
Starting business after retirement

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Question: "I am PC Chan, a retired police constable under the Old Pension Scheme. I was struck-off-strength on July 10, 2004. I have not undertaken any job since my retirement. Recently, I have decided to open a restaurant and have started preparation work.

"I am going to obtain the Business Registration Certificate soon. The restaurant will commence business next month. Should I obtain approval from the Force? If yes, should I make the application before obtaining the Business Registration or after the actual business commences?"

Answer: According to Section 326 of the Civil Service Regulations, if a retired police officer accepts outside employment or undertakes any commercial activities within two years of his retirement and the principal part of such employment or commercial activities is carried on in Hong Kong, he has to apply for approval in advance. In PC Chan's case, he must apply to the Force for approval for running the restaurant because his retirement date was 10 July, 2004 (the two-year period has not yet elapsed). The application should be made at least one month prior to his undertaking of any commercial activities.

Under the Pensions Ordinance, any retired officer who fails to comply with this requirement, may have his pension suspended. For directorate officers a minimum sanitisation period of six months from the cessation of active service will normally be imposed by the Secretary for the Civil Service, prior to taking up post-retirement employment.