1915-
(No longer. Ow ALSO ENTERED HKB-025/1 (1 MKB 02511)
Also enclosed
Annexes 3.1 and 3.2
RESTRICTED
to Civil service Regulation (which include updated reprint of Col. Regs.)
Miss Brooks Legal Advisers
HKA 016/1
1
A
B
HONG KONG: DELEGATION OF POWER UNDER COLONIAL REGULATIONS
(CRs)
1.
HKB 016/1 (1991)
но
Thank you for your helpful minute of 18 December 1991 about amendments to Hong Kong Civil Service Regulations concerning referrals of appointments to the Secretary of State. I should be grateful if you could now comment on a related matter. You may like to glance again at our submission of 3 May 1991 on the streamlining of civil service procedures, paragraphs 13 to 15 of which are relevant.
2.
You will see from the attached letter that Hong Kong are seeking the Secretary of State's approval under Colonial Regulation 54 (5) for delegation of some of the Governor's powers in relation to disciplinary procedure. In particular the Governor wishes to delegate:
(i) to the Secretary for the Civil Service the authority of dismissal under CRS 57 and 58 in respect of Category A officers (ie officers confirmed in an established office) remunerated below Point 14 on the Master Pay Scale (MPS); and
(ii) to Heads of Departments personally the authority to summarily dismiss (sic) under CR 57(3) Category A officers remunerated below MPS Point 14.
3. Officers below MPS Point 14 are relatively junior in the HKG hierarchy. Although the power to dismiss should be exercised with extreme caution given the serious consequence of possible loss of pension for the officer, it seems anachronistic for the Governor personally to have to do so: the Secretary for the Civil Service should be senior enough to take decisions regarding dismissal of junior officers.
4.
Cases of summary dismissal under CR 57 (3) are generally straightforward and HKG say that Heads of Department are in the best position to deal with such cases anyway.
5.
The Public Service Commission supports these proposals which do not seem to contradict any of the recommendations on disciplinary matters contained in our submission of
3 May 1991.
CODE 18-77
LESACY
RESTRICTED