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particularly those relating to discipline, must be clear, concise, and ✓preferably (I would argue) of universal application throughout the
service. A large part of the problem is the overlapping of Government
Regulations, Colonial Regulations and so on. Another serious difficulty is that the Government Regulations themselves are such a bouillabaise of minor administrative rules, important disciplinary offences and mere statements of policy. I would recommend codification at a matter of priority. I think it highly desirable that the new code supercede all disciplinary and administrative provisions including Colonial Regulations.
I refer There are different ways in which this might be achieved. specifically to those parts of the code which would require legal sanction. One way would be to incorporate all disciplinary provisions into the contract of employment. This would be difficult to introduce, not necessarily dispose of the Colonial Regulations, and be inflexible in that to be safe any amendments would need the concurrence of each
Government servant.
se unilateralby
The matter might be achieved by legislation in Hong Kong. do not, however, think this desirable, and not necessarily possible constitutionally if the Letters Patent or Colonial Regulations were to be circumscribed or replaced. The Governor's powers to appoint and
I
it is appropriate that any codification of disciplinary offences be by right of the Crown. I am quite certain the Principal Secretary of State for F.C.O. would want, and feel duty bound, to retain some control. Amendment of the Letters Fatent (as was done recently to extend the retiring age of judges) or to secure further formal Royal Instructions are other possibilities. I am inclined to discount these measures. Without being assertive, I am inclined to think the best approach would be to adopt the U.K. model. An Order-in-Council empowering the Governor, perhaps with the approval of the Secretary of State F.C.O. to introduce the Government service code. A power of amendment, again probably with the approval of London, should be reserved.
te und der discipline the Government service come from the Sovereign, and in my view
Minor non-disciplinary regulations could be made by the