CODE 18-77
PJZATZ
405
Reference
RESTRICTED
Mr Fifoot Legal Adviser
seponato minuti
of
B010/4
KS
05 1990
i
DELEGATION OF THE SECRETARY OF STATE RESPONSIBILITIES FOR APPOINTMENTS, PROMOTIONS ETC IN THE HONG KONG CIVIL SERVICE
1
1. As you are aware for some time both we and the Hong Kong Government have been considering what further delegation of the Secretary of State's power is possible in respect of civil service appointments and transfers etc. The Hong Kong Government have recently suggested that the Secretary of State's approval be removed from the Civil Service Regulations (except CSR 1 18 as shown in their proposals attached to this minute) The effect of this is that the Secretary of State's approval would be required only for more Senior Civil Service positions, Colonial Regulations 16, 17, 18, 19, 20, 22 and 92 would therefore be bypassed: although I am unclear how the Letters Patent fit in in respect of Judges. I note that in previous colonies this appears to have been a fairly simple exercise, see Annex B.
My-
2. We are considering the specific delegations suggested. reason for writing to you at this time is to seek your advice on whether there are any legal implications of increasing the delegation of the Secretary of State's power to a higher level and bypassing the Colonial Regulations in this way. Would this for example, have any adverse implications such as loss of protection for those already appointed by the Secretary of State and who are below the new level of approval. Also are we removing an expectation of those who are currently below the level at which the Secretary of State approves appointment and would under current practice be appointed to such a post? [I see that CR15 states that "the regulations as to appointment is public offices do not constitute a contract between the crown and its servants" and that CR16 states that "appointments to public offices are made by authority of Her Majesty, and such authority of offices are held during Her Majesty's pleasure".] Further I wonder in what respect, if any, the Secretary of State is obligated to those whose appointment he is required to approve (excepting those who are members of HMOCS).
3.
It would be helpful to have your views by Wednesday
3 October: since Mr Stone will be discussing these matters in Hong Kong during the week after.
Gillian Cogan
G Coglin
Hong Kong Department WH311
270 2652
27 September 1990
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