I seek forgiveness for what may seen an unduly laborious exposition
of constitutional theory and history. It does seem to me, though, that
misconceptions as to the constitutional position of Civil Servants have arisen
largely from failure to systematically trace back to their historical origins.
The Letters Patent of 1917
2 Articles are particularly germane :
XIV "The Governor may constitute and appoint such Judges, Justices
of Peace and other public officers as may be lawfully appointed, all of whom shall, unless otherwise provided by law, hold
their offices during our pleasure".
Article XVI provides :
The Governor may, subject to such instructions as may
from time to time be given to him by Us through one of our
Principle Secretaries of State, upon sufficient cause to him
appearing, dismiss or suspend from the exercise of his office
any person holding any public office within the Colony, or,
subject as aforesaid, may take such other disciplinary action
as may seem to him desirable".
Article X of the Royal Instructions is the only one of possible relevance
"In the execution of the powers and authorities granted to
the Governor by our said recited Letters Patent, he shall
in all cases consult with the Executive Council
etc.
Letters betics Taricut Article XIV may been seen as the fons et origo of the civil service
of the Hong Kong Government.
"Public officer" is defined in CAP. I as "any person holding
an office of emolument under the Crown in right of the
Government of Hong Kong whether such office be permanent or temporary". Clearly, then, "public officer" embraces
all Government Servants, without distinction between high
officers or the most menial. Similarly, no distinction is
recognised between permanent and pensionable officers, or
the various kinds of contract officers. It will be observed
that the Governor's power to suspend, dismiss and otherwise
take disciplinary action is expressed to be subject to such
instructions from time to time given through a Principal
Secretary of State. "From time to time" seems to contemplate that instructions would be general, and not to specific cases.
No comments yet.
Private notes are available after approval.