TNAG-0991-FCO40-1210-Policy-on-salaries-and-pensions-for-civil-service-in-Hong-Ko-1980 — Page 228

34

CONFIDENTIAL

AKK 430/1

Foreign and Commonwealth OfficeVED IN REGISTRY NO. 51

London SW1A 2AH

08 APR 1980

R

Telephone 01- 233 3184 A

REGISTRY Action Taken

7) in CR 1/3221/79

Your reference

I F C Macpherson Esq

Director of Administration and

Our reference

Management Services

Government. Secretariat

HONG KONG

НКК 430/1

Date

1 April 1980

B.U/22/5.

PACTED

V.u. 30/6.

ACTED

AWN IN/5 Au

2015

1.

22A

Thank you for your letter (27) in CR 1/3221/79 of 7 March, about Peter Graham's visit. As you will now know the awaited judgement became available in time for Graham to discuss it with ourselves and with Tony Rushford, our Legal Adviser.

2.

Len Bridgwood of this department was able to sit in with Graham and Rushford during their thorough exploration of the various possibilities, and I enclose a copy of the Note prepared 26A) by Graham which summarises the agreement arrived at. I understand

that during a subsequent call on Rushford, Graham said that, on reflection, he was not in favour of a statutory provision to enable the Governor to make regulations, and that he now felt that the Governor's inherent power to promulgate (and vary) the conditions of service of Crown Servants ought to suffice and would avoid the possibly embarrassing need to pass an Ordinance in the Legislative Council.

3.

As you will appreciate, we here think that it would be best to try to find the simplest possible solution to the problem which emerged in the case of the case of the dispensers of finding or providing a proper legal basis for suspension from duties. The possibilities outlined in the Note, particularly as modified by Graham's later thoughts, therefore seem to us very sensible.

4. Meantime, I understand that you will await the outcome of the dispensers' Appeal against the judgement of 12 March before deciding whether any further action by the Governor is called for. We would be grateful to know then what you have in mind and to have an opportunity to comment before action is taken.

Would you please arrange for Peter Graham to see a copy of this letter?

R D Clift

Hong Kong and General Department

CONFIDENTIAL