Mr Burns
PS/Lord Caithness
Private Secretary
RESTRICTED
From: A R Paul
Hong Kong Department
Date: 22 February 1991
cc: Mr McLaren
HONG KONG CIVIL SERVICE AND JUDICIARY: FURTHER DELEGATION OF
SECRETARY OF STATE'S RESPONSIBILITIES REGARDING APPROVAL OF
APPOINTMENTS AND PROMOTIONS
Problem
1. The Secretary of State's approval is required for the appointment and subsequent transfer, promotion and retirement of, or disciplinary action against, a large number of civil servants and members of the judiciary in Hong Kong. With a view to the transfer of sovereignty in 1997, we need to refine this procedure retaining the Secretary of State's right of approval for only the most senior posts in Hong Kong administration.
A
B
Recommendation
2. I recommend that the Secretary of State's right of approval is retained only for the positions equivalent to those listed in Articles 48 (5) of the Basic Law, together with the Chief Justice (Article 90) and Judges of the High
Court. These are listed at A. Hong Kong Government and Legal Advisers agree.
Background
3.
A short background note on the Hong Kong Civil Service and Judiciary is attached.
NIKAAV/1
RESTRICTED