CONFIDENTIAL
49084
1
IN THE ORDINANCE (THE REASONS FOR WHICH REMOVAL WE FULLY UNDERSTAND) MUST NOT OF COURSE BE TAKEN TO AFFECT IN SUBSTANCE HIS POWERS AND ROLE IN RELATION TO HONG KONG CIVIL SERVANTS: AS
YOU HAVE NOTED IN PARA 1 OF YOUR TELNO 1099.
IS
D) ON A POINT OF DETAIL, LEGAL ADVISERS NOTE THAT SECTION 10 AS AMENDED BY CLAUSE 13 WOULD PROVIDE THAT THE GOVERNOR MAY CALL UPON ANY OFFICER UNDER 45 TO UNDERTAKE OTHER PUBLIC SERVICE.
THIS ANY LONGER APPROPRIATE IN HONG KONG'S CIRCUMSTANCES?
3.
WE WOULD BE GRATEFUL FOR YOUR FURTHER THOUGHTS ON (A) AND (B) (BOTH IN RELATION TO BOTH BILLS) AND (D) IN DUE COURSE. ON (C) WE THINK IT ADVISABLE TO PUT SUITABLE ADMINISTRATIVE ARRANGEMENTS IN PLACE ACROSS THE BOARD TO ENSURE THAT WE DO NOT
LOSE SIGHT OF THESE POINTS. THERE SEEM TO US TO BE 3 MAIN AREAS
WHICH ARE RELEVANT.
A) APPOINTMENTS AND CONDITIONS OF SERVICE (THE PSC AND JSC
ORDINANCES AND ANY OTHER LEGISLATION RELATING TO THE CIVIL SERVANT IN OFFICE) ON WHICH WE HAVE TELEGRAPHED SEPARATELY (OUR
TELNO 639):
B) PENSIONS (EXISTING AND NEW SCHEMES) WHICH WE HAVE COVERED IN
OUR RECENT TELEGRAMS:
C) COLONIAL REGULATIONS (WHICH IN SOME CASES MAY PARALLEL (A)
OR (B))
4.
IN GENERAL WE WONDER IF IT WOULD BE HELPFUL (OUTSIDE THE SCOPE AND TIMEFRAME OF YOUR CURRENT PENSIONS LEGISLATION EXERCISE) TO DRAW UP A CHECKLIST OF THOSE MATTERS EITHER
CONTAINED IN COLONIAL REGULATIONS OR WHICH HAVE HITHERTO BEEN
CONTAINED IN HONG KONG LEGISLATION WHERE THE SECRETARY OF STATE
HAS A ROLE IN RELATION TO THE HONG KONG CIVIL SERVICE. IF WE CAN
THEN AGREE ON THE LIST AND ON FUTURE PROCEDURES FOR DEALING WITH
EACH ITEM ON IT THERE WOULD PRESUMABLY BE NO NEED FOR A FORMAL
INSTRUCTION TO BE ISSUED. SUBJECT TO YOUR VIEWS, WE WONDER IF YOU WOULD BE PREPARED TO HAVE A GO AT (A) AND (B) (SINCE THESE ARE COVERED BY YOUR PRESENT EXERCISES ANYWAY) AND WE AND ODA WOULD HAVE A GO AT (C): AND WE COULD THEN EXCHANGE DRAFTS?
HOWE
HONG KONG AGREEMENT: RESTRICTED
LIMITED
HD/HKD
HD/FED
RESEARCH D. (FE)
DEP.HD/FUSD
PS/MR RENTON
MP MCL REX MR GILLMORE
COPIES TO:
MR FIFOOT, LEGAL ADVISERS
MR FOSTER, GOVT
A
ACTUARY'S DEPT
MR POWER PENSION DEPT
Confidential
oon
!
-