TNAG-0991-FCO40-1210-Policy-on-salaries-and-pensions-for-civil-service-in-Hong-Ko-1980 — Page 299

HKK 430li

RECEIVED ZT REG.STLY NO

Foreign and Commonwealth OffPEB 1980

London SW1 A 2AH

D L Davies Esq OBE

Treasury Solicitor's Department

Matthew Parker Street

LONDON SW1H 9NN

DESK OFFICER

INDEX Telephone (†

No

PAD

REC Action

Your reference

Our reference

Date

Bu. to

Ms Kitche

3 week's time

AW 15/2

NOVEDAL

14 February 1980

...

Dear Davies

POSITION OF PUBLIC SERVANTS IN HONG KONG

See QSA

27A

1 I should be very grateful for your advice in connection with a problem that has arisen over the legal status of public servants in Hong Kong. In a recent letter, the Hong Kong Government have suggested that the present position is unsatisfactory and that there is a need for codification of terms of service with some measure of statutory backing.

2 In fact the present position of the Hong Kong Civil Service appears to be analogous to that of the Diplomatic Service and the Home Civil Service in the United Kingdom.

with 9A

3 I enclose a copy of a legal opinion by a senior Hong Kong Crown Counsel, Mr S P Graham, on the present relationship between the Hong Kong Government and its servants. We see little in this opinion from which we would dissent except that on page 14, line 3, we would question whether the Orders in Council under which Estacode and the Diplomatic Service Regulations were made have ''legislative force''.

4

+

Before deciding what advice we should give to the Hong Kong Government on Mr Graham's conclusions and recommendations, I would find it helpful to have your views on whether the analogous position of the United Kingdom Civil Service has proved generally satisfactory or otherwise. It does not appear to have created any legal difficulties in spite of the absence of statutory regulation (although of course the Civil Service is subject to certain general enactments such as the Official Secrets Acts and the Industrial Relations legislation). We are not convinced that Hong Kong (or the other remaining dependent territories, where the position is similar) are in a worse position. We do not of course wish to trouble you with the purely local aspects of the enclosed opinion. You may, however, like t have a copy of the Hong Kong Letters Patent (Article XVI refers) and Part I of Colonial Regulations (see in particular Appendix II).

Jour

ever

Arch Crip

R D Clift

Hong Kong & General Department

cc: S R Davie, PM5 Dept, CSD

............,: