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5. The second level of delegation is with regard to the general authority for dismissal (other than summary
dismissal under CR 57 (3)). The Governor recommends that
this authority should be delegated to the Secretary for the
Civil Service for officers below MPS point 14. Such a
change would reduce by about half the dismissal cases under
CRS 57 and 58 which the Governor would have to deal with.
6.
Master Pay Scale point 14 has been chosen as the demarcation of authority between departments and Central
Government for category A officers because this is in line
with existing delegation of authority to heads of
departments for the award of punishment in respect of category B officers. Officers below MPS point 14 are relatively junior and heads of department are in a better
position than the central authorities to consider and award punishment.
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7.
We were concerned that there could be a risk of bias
when such an officer was in fact serving in the Civil
Service Branch: the Secretary for the Civil Service would
then be deciding the fate of one of his own staff. However,
Hong Kong have pointed out that there are a great number of checks and balances in the system which would prevent this from happening. For example, an investigating committee is appointed to hear any allegations of misconduct. The report of the investigating committee is sent to the Attorney
General's Chambers for advice as to whether the proceedings were in order and that the findings are supported by
evidence. Under CR 65 the Secretary for the Civil Service
is required to seek the advice of the Public Service Commission before deciding on the appropriate form of punishment.
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