TNAG-0991-FCO40-1210-Policy-on-salaries-and-pensions-for-civil-service-in-Hong-Ko-1980 — Page 265

AKK 43011

RECEIVED IN REGISTRY NO. 51

28 MAR 1980

NOTE OF CONFERE

DESK OEELCER

REGISTRY

ON 29 MARCH 1980

See

34

Present:

Mr AR Rushford

Mr L D Bridgwood

Mr S P Graham

Deputy Legal Adviser responsible for Dependent Territories matters

Head, Staffing and General Policy Section, Hong Kong and General Department

Senior Crown Counsel (Hong Kong)

26A)

1. We referred to decision of Cons J in "Dispensers" case and its consequences. I advised that an appeal was highly likely and that this might clarify matters left obscure or undecided. We could cross-appeal and in particular try to establish bridge between Article XVI Letters Patent and the Government Regulations. Rushford agrees employment status of Crown Servants is highly obscure and appreciates why we have to try to get on a sound footing.

2. Rushford and Bridgwood agree that best course is to legislate a code for "penal" provisions only - i.e. those matters for which legal sanction is necessary. Both feel this should be on as small a scale as possible, partly in the interest of political present- ation. We agree an Ordinance, possibly grafted on to Civil Service Commission Ordinance or making reference to that body, enabling regulations. If most provisions are in form of regulation these are fairly easily amended where necessary. We all agreed that contractual provisions were not useful in this area where any amend- ments would need to be referred to individuals every time.

3.

Rushford and Bridgwood both felt Secretary of State's interests would be met by referring draft bill to FCO for comment. I agreed that if appeal in Dispensers case went our way entirely - i.e. sanction for all Government Regulations located in Article XVI of Letters Patent, need for action would probably be obviated. In effect brief code of penal provisions from CSRS, Financial and Accounting Regulations, and possibly Colonial Regulations is what we need. Rushford felt that if Hong Kong Government was to report serious political difficulties in introducing legislation, consider- ation could be given to amending Article XVI or obtaining specific instructions, although he personally thought legislative course was the better.

S P GRAHAM

Cc:

Mr Rushford Mr Bridgwood