CODE 18-77

Miss Brooks Legal Counsellor

PA (letters Pater)

вр

Reference.

HKB 012/5 RECE TED IN REGISTRY

COLONIAL REGULATIONS: RE-PRINTING

16 A 1993

PA

REGISTRY

37

1. Mark Herdman, WIAD is going to arrange for the Colonial Regulations to be re-printed and has agreed that any amendments which HKD has initiated to the Colonial Regulations since they were last printed in 1977 should be included in the revised version.

2. The only amendment which I was aware of was to CR 93 in December 1992 to take account of the Limited Compensation Scheme. Although the Secretary of State gave his approval under CR 54 (5) for the delegation of some of the Governor's powers in relation to disciplinary procedures in June 1992, this did not actually involve an amendment to the wording o: the Regulations themselves.

3. Hong Kong have informed me that another amendment was made in July 1977 to CR 57 (3) as follows:-

"57 (3)

Where an officer is absent from duty without leave for a period exceeding 21 days and it is reported to the Governor that

(a) the officer cannot be traced; or

(b) on being required by notice in writing (sent to an

address or addresses through which it may be reasonab expected to reach him) to give, within the period specified in the notice, an excuse for his absence, the officer has failed to give any excuse or to give an excuse that is acceptable,

the Governor may dispense with an investigation under paragraph (1) and summarily dismiss the officer."

I am trying to get hold of the relevant 1977 file to verify the wording of this amendment.

4.

Hong Kong have also suggested that CR 66 should be revised to take account of the Secretary of State's agreeme in June 1991 that the number of appointment and discipline cases that needed to be referred to the FCO for approval should be reduced. Apart from a list of specified principa. officials, the approval of the Secretary of State on the appointment and award of punishment is no longer required f‹ the rest of the post-holders in the HK civil service. I attach a copy of the submission. Hong Kong have proposed t following revision to CR 66 to take account of this:-

"66 (1) This regulation shall apply to any officer:

(a) whose first appointment was made or approved

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