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us on the policy issues prior to the discussions in ExCo.
Argument
5.
Contrary to paragraph 14 of the ExCo Memorandum, the existing
practice in the UK Civil Service and HM Diplomatic Service is that
in similar circumstances an officer is regarded as absent without
authority and is liable to have his pay stopped for the period of his
absence. He is not officially suspended and the loss of pay is there-
fore self-inflicted. In addition, suspension is not used in handling
official trade union disputes. The Hong Kong Government, on the
other hand, have already taken measure in disputes involving civil
service unions in excess of those which would be taken by HMG in
similar circumstances. HMG have found its existing powers sufficient
and the Hong Kong Government have not advanced any reasons why they
in practice need the proposed additional ones. It may be that they
have misunderstood the practice in this country.
6. The subject of Civil Service pay disputes in Hong Kong has attracted
considerable attention in the UK. The Hong Kong Civil Servants'
General Union has made representations to the Secretary of State,
MPS,
the TUC's International Committee, the Public Services
International and to the ILO. Mr Robert Parry MP put down eight PQs
concerning the disputes and arbitration procedures in August.
7. An amendment to the Letters Patent would have to be made by Her
Majesty in Council on the advice of the Secretary of State. It is
unlikely that this would escape Parliamentary attention.
If made, the
amendment could, therefore, cause HMG embarrassment. However, if the
Hong Kong Government can advance overriding reasons for requiring these
powers, it would be more satisfactory for them to be secured through
the Hong Kong legislative process since this would attract less
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