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Yr: this is done in
4.
As regards the draft ordinance, I have the following comments:-
Ygo: thing is provided for in
Ceylon FWB
2
Clause 2. What happens if the Chairman or one of the members of the Commission is ill, or is absent from the Colony for a long period, and consequently is unable to carry out his duties? Is it the intention that the remaining two officers should be vested with authority to carry on the work of the Commission, or is it the intention that a temporary member should be appointed? I think that the latter course would be the more satisfactory solution, and that the Governor should be empowered to make such an appointment. This point might be put to the Governor as a suggestion, as if it is decided to follow it up, the necessary provision should be included in the ordinance and provision should also be made for the remuneration of such an officer. Alternative- ly the Governor may prefer that this matter should stand over until the Commission has started its operations. I doubt whether this point is covered by Clause 12(c).
A further point that occurs to me is that it seems desirable to include provision in the ordinance that will empower the Governor to determine the appointment of the Chairman or members should such a course appear to be in the public interest.
Clause 3. I am aware that the Hong Kong Salaries Commission stated that the Public Service Commission should be as completely as possible freed from the appearance of being under Government control. It is for this reason that (a) has been included in this clause. The Chairman himself may be a serving officer, and I presume that if at some future date it should be desired to appoint a serving officer as a member, this situation could be met by amending the law should such a course appear to be in the public interest.
It is advisable to exclude persons from the Commission who are actively engaged in politics. This does not mean that they need be members of the Legislative Council. I suggest an addition to (c) as follows:- "or any person actively engaged in politics".
Clause 6 (c) I do not like this clause as it stands. It leaves it open to any officer to appeal to the Public Service Commission on any question concerning his conditions of service. It is not right nor is it intended that the Public Service Commission should be called upon to undertake work of this nature. On the other hand the Public Service Commission should be fully aware of any shortcomings in conditions of service that might adversely affect
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