TNAG-0916-FCO40-1127-Policy-on-salaries-and-pensions-for-civil-servants-in-Hong-K-1979 — Page 61

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GR 872

CONFIDEN

DESKBY 190900Z

HKKH3

FM HONG KONG 170457Z NOV 79

CONFIDENTIAL

23/11

P

{

Biz Discuss with Harry Hist and/or CSD:

- how do these proposals Compare with conditions the UK Civil Service?

- do civil service regulation - tis comity (ESTURONE) have the force of law

TO IMMEDIATE FOREIGN AND COMMONWEALTH OFFICE TELNO.1626 OF 17 NOVEMBER,

the east phase of Clause 3610 looks too open ended

INFO IMMEDIATE HONG KONG GOVERNMENT OFFICE LONDON (it could be seen as que

PUBLIC OFFICERS (INDUSTRIAL ACTION) BILL 1979.

would something on the

•lines of the manuscript, Camendment not be better?

1. ON 20 NOVEMBER, EXECUTIVE COUNCIL IS BEING ASKED TO ADVISE WHETHER A BILL SHOULD BE INTRODUCED INTO LEGISLATIVE COUNCIL TO GIVE STATUTORY EFFECT TO THE PROVISIONS OF CIVIL SERVICE REGULATIONS 610 AND 611. THESE REGULATIONS COVER DEDUCTION OF PAY OR SUSPENSION WITHOUT PAY IN CIRCUMSTANCES WHICH INCLUDE INDUSTRIAL ACTION.

!

BACKGROUND.

gee!!

YOU WILL RECALL THAT IN MARCH 1976 CIVIL SERVICE REGULATION 610

WAS USED TO REDUCE THE SALARIES OF SOME GOVERNMENT SERVANTS KNOWN ASDEMARCATORS''. THEY WERE DISSATISFIED WITH THEIR CONDITIONS

AND TOOK INDUSTRIAL ACTION BY WORKING TO RULE'', WHICH MEANT DECLINING TO PERFORM DUTIES WHICH THEY HAD ALWAYS DONE, BUT WHICH THEY LATTERLY ALLEGED WERE NOT PART OF THEIR USUAL DUTIES. THE DEMARCATORS SOUGHT DECLARATIONS THAT THE REDUCTIONS IN SALARIES BREACHED THEIR CONTRACTS OF EMPLOYMENT. THE GOVERNMENT RELIED ON CSR 610. JUDGE CONS RULED THAT THE CIVIL SERVICE REGULATIONS

WERE NOT INTENDED TO CREATE BINDING LEGAL RELATIONS, BECAUSE:

(1) CSR 2 STATES THEY SHALL HAVE NO FORCE IN LAW,

(2) CSR S 1 AND 4 SUGGESTED THEY WERE NOT INTENDED TO BE

CONTRACTUAL TERMS, BECAUSE THEY COULD BE SO EASILY MADE,

CHANGED, ABROGATED OR IGNORED.

THE GOVERNMENT APPEALED BUT THE COURT OF APPEAL HELD THAT THE WAY

IN WHICH THE REDUCTIONS HAD BEEN MADE WAS WRONG, AND DECLINED TO

DECIDE WHETHER THE CIVIL SERVICE REGULATIONS FORMED PART OF THE

CONTRACT OF EMPLOYMENT.

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