8
In
The point for Ministerial consideration is this. the normal Colony we are now setting up machinery under which vacancies will first be remitted to a local Public Service Commission in order that any qualified local candidates may be considered. Vacancies will not be remitted to the Colonial Office to fill unless there is an insufficiency of such qualified candidates.
Hong Kong is not, however, a normal Colony. It has an educated population which should be capable of producing candi- dates qualified (at least on educational grounds) to fill most or all of the vacancies in the civil service. But for obvious reasons it is essential to maintain a substantial flow of re- cruitment of British officers for at least the administration and the police.
We therefore put to the Governor the question whether administrative and police vacancies should be specifically ex- cepted from the general statutory obligation to refer all vacancies to the Commission in the first instance.
The Governor's considered view is that we should not make such an exception. His reasons are :-
(a) Such a departure from the policy of Col.No.197 would cause political trouble;
(b) There is not in fact a sufficiency of good local material for the administration and police;
(c) It is possible to secure by administrative action that the Commission will remit an adequate number of vacancies to the Secretary of State to fill by European candidates.
I agree very strongly with the Governor over this, and
I hope we may accept his view.
5.8.8.
I agree with dir Charles Jeffried.
Japres 2219
6th September, 1949.
ried & his Governor. the 7/9
Mr. Wallace
Draft herewith. We discussed, and agreed that there is no reason to send an official answer to the Governor's original despatch, for the reasons given in the last paragraph of the draft. I have not included any request for informa- tion about the type of administrative action which will be taken to secure the remission of a suitable number of vacancies to the Secretary of State; having accepted the position, I feel that we must trust the Governor for the rest.
E.W.Kickness
14.9.1949.
J. Wellen
1579
1619
Page
5. Sir A. Grantham
tel. 1150 conf.
Page
20-9-49
6. for.
28-10-49.
(Ref. 5).
In Tegetmeier
I understand
for
you
Màu cho
will look at this.
Mm. King that Legal
Advisers
will also
be concerned,
of
Course.
9
who
31/1
Appointments of Chief Justice are sub.itted to the King. Appointments of Judges are not actually submitted to the King, but the officer selected is informed that "the 3. of J. proposes, if he is willing, to subait his name to His ujesty etc.". The general practice regarding the appointment of Judges is set out in a minute at 1 of 20453/9/56. The question of submission to the King was further discussed in minutes of 21116/20 ending with sir K. Roberts-wray's minute of 10/1/1949.
2. The Cousey Report on Constitutional Reform, Gold Coast, paragraph 450, while reco...ending the establishment of a Public Services Commission stuted "it should not, however, deul with the appointment of Judges of the Supreme Court, a matter which should be left to the Governor in his discretion". In the Ceylon Constitution, the appointment of Judges is outside the 'unctions of the Public Services Commission a Judiciul services Commission was created to advise the Governor, but would be inadvisable to introduce this procedure in the Colonies.
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3. The telegram at 6 refers to the appointment of Judges. In clause 6 of the draft Bill below 6 of the 1948 file, the functions of the Public Services Commission in Hong Kong are to advise the Governor and it may be assumed that the intention of the telegram at 6 is to enquire whether it should be within the functions of the Public Services Commission to recommend candidates for appointment as Judges. I consider that it would be undesirable for appoint- ments of Judges to come in any way within the scope of a Public Services Commission. ·
It
4. Presumably the enquiry refers to the direct appointment of a Judge from the Bar and not to the promotion of a serving officer to be a Judge. was agreed in 2 that all vacancies should be referred to the Commission. As regards promotions, the Governor said in paragraph 7 of 6 on the '40 file, that the Bill provided for the prescription of the grades and classes of the service, promotions between which would be within the scope of the Commission, and that he proposed to leave precise definitions until the Commission was in being. A promotion post of the status of Judge, i.e., any superscale post, should I consider be outside the scope of the Commission because candidates from all Jolonies,
including