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10. We and the Hong Kong Government have concluded, following advice from the Legal Adviser, that the Secretary of State's approval should be retained not only for the appointment of the Chief Justice (cf Article 90 of the Basic
e Law) but also for High Court Judges. This latter advice is given in view of the fact that Volume 8 of Diplomatic Service Procedures provides for a continuing role for the FCO in the appointment of High Court Judges. The Chief Justice has been consulted and is content. and I therefore recommend this approach.
Disciplinary Matters
9.
Once an Officer's appointment has been made or approved by the Secretary of State, the Secretary of State also has a role under Appendix II of the Colonial Regulations in the consideration and approval of disciplinary action against such officers. The discipline covers anything from a reprimand to dismissal in the public interest. Under CR66 any officer whose appointment was approved or who was selected for appointment by the Secretary of State cannot be disciplined under CRs 56, 57 and 58 without the prior
consent of the Secretary of State. This applies also to all officers above point 34 on the Hong Kong Government's Master Pay scale equivalent to approximately a DS70. These
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number several thousand.
10. We and the Hong Kong Government have concluded that the right of approval in disciplinary matters to be made
be
A
by the Secretary of State should now retained only for officers whose appointment was originally made or approved
under by him, and for those posts prescribed for the approval of CR19 as set out in para 8 above. (No comparable provision is required in respect of judyes, way only be removed from office following a reference to the Judicial Committee of the Privy Council.) In practice this will mean that many officers will lose the Secretary of State's protection
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s'ofs's
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