1
The overlag applies at lower levelo
180
on
draft paragraphs do not reflect the actual practice does not much matter. What is much more important is that the references in these Regulations to the Secretary of State's approval are removed so that the Hong Kong Government can argue after 30 June 1997 that the approval of the Chinese Minister for Foreign Affairs is not required under the four Regulations.
3.
wrong. Sofs letter
delegate authority.
(a)
I find the proposed change to Regulation 103 somewhat confusing. If the Chief Secretary may appoint officers up to Secretary, Government Secretariat or equivalent level and the Secretary for the Civil Service may appoint officers below Secretary, Government Secretariat or equivalent level, their powers of appointment clearly overlap. except that the Chief Secretary, unlike the Secretary for the Civil Service, alone may appoint officers at Secretary, Government Secretariat or equivalent level. The Chief Secretary's power to appoint Secretaries must be read in the light of the Foreign Secretary's letter to the Governor of 3 June 1991 which concerns posts for which the Secretary of State's approval is required under Colonial Regulation 19. That letter makes it clear that the Secretary of State's approval will still be required for appointments of Secretaries of Policy and Resources Branch. On the face of it, this conflicts with Regulation 103 as drafted by the Hong Kong Government which appears to give the Chief Secretary the power to appoint all Secretaries. However, the Civil Service Regulations must be read in the light of the directions contained in the Secretary of State's letter and, providing there is no difficulty in practice, I do not think we need to ask the Hong Kong Government to amend Civil Service Regulation 103.
(b) The change to Regulation 332 reflects the Pensions Ordinance. Local legislation takes precedence over the Colonial Regulations (see page 529 of Sir Roberts-Wray's book).
(c) Regulation 366 paragraph 3 will be deleted; but Colonial Regulation 92 will still apply. Is this likely to cause a practical problem?
(d) The change to Regulation 367, paragraph 3
causes no difficulty. Colonial Regulations.
It is not reflected in the
AELAAJ