BACKGROUND NOTE
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TRADE DISPUTES IN THE HONG KONG CIVIL SERVICE
1.
On two occasions in the past year disputes between the
Hong Kong Government and its employees have led to the suspension
from duty without pay a number of officers taking industrial action.
The first, in November 1979, involved the suspension of 26 'Dispensers'
(Government Pharmacists without formal qualifications) and the second,
in June and July of this year, led to the suspension of 314 Public
Health Inspectors. These disputes have raised questions on the
employment status of Crown Servants and on the existing arrangements
for the arbitration of Civil Service disputes.
2.
After the 26 Dispensers were suspended from duty in
November 1979 they sought a High Court declaration that Civil
Service Regulation 611 (under which they were suspended) did not
form part of their contract of employment and that suspension was
therefore in breach of contract. In its decision of 12 March, the
Court found in favour of the Government's action to suspend the
Dispensers.
However, the Court questioned the use of CSR611 in this
matter and found that authority for the action to suspend Government
employees derived from common law and from powers delegated to the
Secretary for the Civil Service through the Letters Patent. The
Dispensers appealed against the Court's ruling and their action is
to be heard on 30 October by the Court of Appeal in Hong Kong.
In November 1979 members of the Health Inspector grade of
the Urban Services Department also took industrial action (in the
form of a 'go-slow') against their grading and pay. The go-slow was
called off 6 days later when the Standing Commission on Civil Service
Salaries and Conditions of Service agreed to consider their case.
3.
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