CONFIDENTIAL
Mr willin
Sir E Youde
Yoy
HKGOTHICK 430|| cc
KA
RECENTO E L'ONILYNUL SI 12 DEC 1980
DESK OFFICES
HONG KONG:
CIVIL SERVICE DISPE ES
No
PA
RESTRY Action Taken
MS 2.12 AWis
Camed we adopt pl
Mr Donald o.r.
OLA
BPD
42/12
Mr Rushford, Legal Advisers
Problem
1.
The Hong Kong Government have sought our agreement to an amendment
to Article XVI of the Hong Kong Letters Patent which deals with disci-
plinary action against government servants.
Recommendation
2. I recommend that we do not agree this proposal. PPD, the depart-
mental legal adviser and the OLA concur. I attach a draft telegram to
Hong Kong.
Background
A 3.
55
75A
12 November.
who,
The Hong Kong request is set out in Hong Kong telegram No 1490 of
The proposed amendment to Article XVI would confer on
the Governor powers to suspend without pay any Government servant
in connection with a trade union dispute, refuses or omits to perform
The amendment, any, or any part, of the usual duties of his office.
however, would only be necessary if it is held in proceedings at
present before the courts of Hong Kong that his existing powers are
deficient in this respect. Up to now, the Governor has been acting
on the assumption that he has had the power to do so.
4.
The background to Hong Kong's request is contained in a memorandum
discussed by the Executive Council (ExCo) on 11 November. It was on
the advice of the Executive Council that the Governor decided to seek
an amendment to the Letters Patent. There has been earlier consultation
between Hong Kong and the department's legal adviser on the legal
aspects of this. This ceased when the Hong Kong Government decided
not to proceed at that time. There were no further consultations with
CONFIDENTIAL
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