TNAG-0991-FCO40-1210-Policy-on-salaries-and-pensions-for-civil-service-in-Hong-Ko-1980 — Page 315

AIR MAIL

1to

CONFIDENTIAL

་

BY BAG

Ref: (22) in CR 1/3221/79

Dear Marray.

GOVERNMENT SECRETARIAT.

Akk 430/1

HANG TONG.

Mr. Shift

RECEIVED IN REGISTRY NO. 5T 30tη 56B1980, 1980

DESK OFFICER INDEX

PA

PREGISTRY

Taken

Primarily for

Category but tive could

politico implications. Speedy

please resulting in

Wirt

Public Officers (Industrial Action) Bill 1979

letter LHK

Бага

Sir Jack Cater has asked me to reply to your very helpful letter of 21st November, 1979.53 We have deferred replying to allow the Attorney General to make a thorough study of the legal position. We do accept the validity of your queries" about the proposed Public Officers (Industrial Action) Bill. As you know, the proposal was in the event dropped.

2.

In November last year 27 "Dispensers" (Government Pharmacists without formal qualification) were suspended under C.S.R. 611. They have since returned to full duties but have filed an originating summons in the High Court to obtain a declaration that C.S.R. 611 does not form part of the contract of employment and that suspension was therefore in breach of contract. The action is set down for hearing on 28th - 29th February. The Attorney General proposes to lead the defence in person.

3.

20

Dlu

عقدة

A.G.

You will appreciate that a decision of a judge of the High Court in Choi Sum and others v. /19787 H.K.L.R. 609 has held that the position of Crown Servants is solely regulated by contract and that C.S.R. 610 does not form part of the contract of employment. This decision has obviously created serious doubt about what, if any, sanction the Government Regulations may have.

40

We say

It is intended that the originating summons will be defended principally on the ground that Article XVI of the Letters Patent empowers the Governor "upon sufficient cause to him appearing/dismiss or suspend"

subject to such instructions as may be given through a Principal Secretary of State. there are no extant instructions which in any way limit this right to suspend. We say that, in effect, C.S.R. 611 is a delegation to the Secretary for Civil Service of this power in the circumstances of industrial action. It could possibly be of significance that C.S.R. 611 was introduced on the advice of the

CONFIDENTIAL

/Secretary of

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