Testimony at the Legislative Council inquiry into the Leung Chin-man controversy has so far confirmed my belief that the current vetting system governing post-retirement employment of senior civil servants is adequate. Mr Leung's case sparked a public uproar because he was allowed to take a senior position with a company he had previously regulated. That blunder was not caused by the vetting system, but the Civil Service Bureau officials who were responsible for applying the safeguards. As gatekeepers, they failed to demonstrate sound judgment and lacked due diligence. We therefore should not overreact because of one isolated case, and should not change the system just to placate critics. I agree that the legislature should act as a watchdog over the government, but its irrational insistence on overhauling the vetting system for the post-retirement employment of former civil servants would seem a bit like closing the stable door after the horse has bolted. The situation is made worse because there is nothing wrong with existing procedures. If the system permits civil servants to join the private sector after retirement, this practice should be encouraged as long as the applicants satisfy all established rules. At present, a directorate-grade official is subject to a one-year sanitisation period after retirement before being allowed to work in the private sector, in addition to a three-year 'control period' with some flexibility to avoid possible conflicts, and the so-called 'deferred rewards'. Despite these restrictions, a delicate balance still needs to be struck to avoid depriving individuals of the right to work after retirement. The law does not prohibit ex-civil servants from working in the private sector. If our legislators thought ex-housing chief Mr Leung's involvement in the Hunghom Peninsula affair was the reason he landed himself a lucrative job with the company involved, they should have called for a commission of inquiry to look into it. Mr Leung was director of housing when a consortium of NWS Holdings and Sun Hung Kai Properties bought the Hunghom Peninsula from the government for half the asking price in 2004. His case raised huge concerns that a directorate-grade civil servant may use his position to confer a benefit in return for lucrative post-retirement employment. In fact, Legco and its Public Accounts Committee had previously investigated the incident, as well as one concerning Grand Promenade, in which Mr Leung was also involved. He was subsequently cleared of any wrongdoing in both cases. The current Legco inquiry seems to be politically motivated rather than aimed at improving the vetting process. Fairness and the common good should not be sacrificed at the altar of political gains. A case in point is that of Fanny Law Fan Chiu-fun, who was barred from taking a job with a non-profit group after the government ruled she could not take up education-related work until 2011 because of a potential conflict. Mrs Law had been permanent secretary for education and manpower, and was involved in education reforms. Last year, she was offered the post of chief executive with the Tung Wah Group of Hospitals, where one of her main duties would have been to help run its schools. The decision to bar her is believed to have been linked to the public consultation on post-service employment of civil servants, following the row over Mr Leung's appointment. We should always strike a balance between the public interest and an individual's right to work. In Mrs Law's case, the government should have made an exception; having spent most of her life working in education, Mrs Law could have contributed immensely to the community in such a post. The current restrictions governing post-service employment of ex-civil servants do not give due consideration to changing circumstances. The Tung Wah group does not provide educational services for profit, so there would have been no conflict of interest had Mrs Law been able to accept the job. She has been treated unjustly and her personal rights were gravely violated. It's time to right the wrong. Will our chief executive take up the challenge? Albert Cheng King-hon is a political commentator
