( )
RESTRICTED
Appointment of Public Officers in Hong Kong
4. The power to appoint public officers in the Hong Kong Civil Service and members of the Judiciary in Hong Kong is
vested in the Governor by Article XIV of the Letters Patent.
This is subject to any instructions given by the Secretary
of State under Article II of the Letters Patent. The
Colonial Regulations, which apply to the administrations of all Dependent Territories are directions given within the
scope of the power of Article II to give such instructions.
A large number of these Colonial Regulations apply
specifically to the public services of the territories.
5.
Under Colonial Regulation 19 (CR19), the Secretary of
State has the function of approving appointments to "any
office or grade prescribed" by himself. The "offices and grades" which are at present prescribed for the purposes of
CR19 are attached. The number involved exceeds 500 posts.
Only the half dozen most senior posts are referred to the
Secretary of State personally. The rest are dealt with, on
his behalf, at Departmental level. The Secretary of State's approval is given directly only for the appointment of the
Chief Secretary, the Financial Secretary and the Chief Justice after receiving Royal Assent. Section 3(1) of the Audit Ordinance, also requires the Secretary of State to approve the appointment of the Director of Audit.
6. It is clearly now inappropriate for the Secretary of State (ie HMG) to be involved in appointments to so many
posts in the Hong Kong Government. The Hong Kong Government
employs about 180,000 civil servants and has an
administration considerably more sophisticated than that of other dependent territories. It already has a large degree
of autonomy which we should seek to reinforce. It would be
inappropriate to sustain a colonial system which, notwithstanding the Basic Law, the Chinese might seek to
NIKAAV/2
RESTRICTED