Cap. 478 Art. 11Status of public officers detailed for duty with the Commissioner. Cap. 93. Cap. 58.

(1) Where a public officer is detailed for duty with the Commissioner under any of the provisions of article 10, such officer shall, during the time in which such direction has effect in relation to him or her, be under the administrative authority and control of the Commissioner but shall for other intents and purposes remain and be considered and treated as a public officer.

(2) Without prejudice to the generality of the provisions of subarticle (1), an officer detailed for duty as aforesaid -

(a) shall not during the time in respect of which he or she is so detailed -

(i) be precluded from applying for a transfer to a department of the Government in accordance with the terms and conditions of service attached to the appointment under the Government held by him or her at the date on which he or she is so detailed for duty; or

(ii) be so employed that his or her remuneration and conditions of service are less favourable than those which are attached to the appointment under the Government held by him or her at the date aforesaid or which would have become attached to such appointment, during the said period, had such officer not been detailed for service with the Commissioner; and

(b) shall be entitled to have his or her duty with the Commissioner considered as service with the Government for the purposes of any pension, gratuity, or benefit under the Pensions Ordinance and the Widows’ and Orphans’ Pensions Act and of any other right or privilege to which he or she would be entitled, and liable to any liability to which he or she would be liable, but for the fact of his or her being detailed for duty with the Commissioner.

(3) Where an application is made as provided in subarticle (2)(a)(i) the same consideration shall be given thereto as if the applicant had not been detailed for service with the Commissioner.

(4) The Commissioner 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 pensions and gratuities earned by an officer detailed for duty with the Commissioner as aforesaid during the period in which he is so detailed.