Mr McLaren

PS/Lord Caithness

Private Secretary

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1864

From: A R Paul

Hong/Kong Department

Date: 14 January 1991

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.

Кай

A

Recommendation

I recommend that the $ecretary of State's right of approval is retained only for the positions/listed in Articles 48(5) (and-101) of the Basic Law Judges of the High Court and the Chief Justice included in Article 90.

Hong Kong Government and Legal Advisers agree.

There are at A

Equivalent thire

f

Fogelten with Ik kij Justas (Art. 98)

and

Background

3.

B

A background brief on the Hong Kong Civil Service and

Judiciary is attached.

NIKAAV/1

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