Environment Protection Act (Cap. 549), article 17

17. (1) The Authority may, with the approval of the Prime Minister or Minister, offer to any officer detailed for duty wi th the Authority under any of the provisions of article 15, permanent employment with it at a remuneration and on terms and condition s not less favourable than those enjoyed by such officer at the d ate of such offer, in either case the officer needs to have adequate experience in the area of operation. (2) The terms and conditions comprised in any offer made as aforesaid shall not be deemed to be less favourable merely beca use they are not in all respects identical with or superior to thos e enjoyed by the officer concerned on the date of such offer, if such terms and conditions, taken as a whole, in the opinion of the P rime Minister or Minister offer substantially equivalent or greater benefits. Cap. 93. Cap. 58. (3) Every officer who accepts per manent employment with the Authority offered to him under the provisions of sub-article (1 ) shall, for all purposes other than those of the Pensions Ordinance and of the Widows’ and Orphans’ Pensions Act , and saving the provisions of article 35, be deem ed to have ceased to be in ser vice with the Government and to hav e entered into service with the Authority on the date of his acc eptance, and for the purposes o f the said Ordinance and of the said Ac t, so far as applicable to him , service with the Authority shall be deemed to be service with t he Government within the meanings thereof respectively. Cap. 58. (4) Every such officer as aforesaid who, immediately before accepting permanent employment w ith the Authority, was entitled to benefit under the Widows’ and Orphans’ Pensions Act , shall continue to be so entitled to benefit thereunder to all intents as if his service with the Authority was service with the Government. (5) The Authority shall pay to the Government such contributions as may from time to time be determined by the Minister responsible for finance in respect of the cost of pens ions and gratuities earned by an officer who has accepted permanent employment with the Authority as aforesaid during the period commencing on the date of such officer’s acceptance. Cap. 93. (6) For the purposes of the Pensions Ordinance , t h e pensionable emoluments of such public officer on retirement sha ll be deemed to be the pensionable emoluments payable to an office r in Government service in a gra de and at an incremental level corresponding to the post occupied and incremental level on the date on which the officer r etires from the Authority. (7) ( a) For the purposes of this arti cle, posts and salary grades with the Authority shall be classified in the most nearly corresponding grades and incremental levels in the service under the Government by reference to job description, skills, responsibilities and other analogous factors. (b) The classification referred to in paragraph ( a) shall be carried out by a board composed of a Chairman appointed by the Minister responsible for finance and two other members, one appointed by the Minister responsible in general for personnel policies in the ENVIRONMENT PROTECTION [CAP. 549. 17 public service and one appointed by the Authority. The classification shall be subj ect to the final approval of the Minister resp onsible for finance. (c) Such classification shal l take place within three months of any adjustment of salaries of officers in Government service and, or of officers of the Authority. (d) No post shall be classified in a grade higher than that of a Grade 3 in the service of the Government or such other grade that the Minister responsible for finance may from time to time by notice in the Gazette determine. Cap. 93. (e) Without prejudice to article 113 of the Constitution , no person may, following a clas sification as aforesaid, be entitled to rights under the Pensions Ordinance l e s s favourable than those to which he would have been entitled prior to such classification. Engagement of consultants and advisers.