TNAG-0992-FCO40-1211-Policy-on-salaries-and-pensions-for-civil-service-in-Hong-Ko-1980 — Page 102

X

5. IF THE APPEAL SUCCEEDS THE GOVERNMENT WILL LOSE ITS ONLY

EFFECTIVE SHORT TERM RESPONSE TO FULL OR PARTIAL WITHDRAWAL

OF LABOUR. THIS MAY LEAD TO CONSIDERABLE DIFFICULTIES. REPORT NO

5 OF THE STANDING COMMISSION ON CIVIL SERVICE SALARIES AND

CONDITIONS OF SERVICE TO BE PUBLISHED IN MID-NOVEMBER WILL

CONTAIN RECOMMENDATIONS ON THE SALARIES SCALES OF SOME MAJOR

GRADES. THESE RECOMMENDATIONS MAY ATTRACT OPPOSITION FROM SOME

GRADES INCLUDING PRIMARY SCHOOL TEACHERS, AND THE DANGER OF SOME

FORM OF INDUSTRIAL ACTION IN LATE NOVEMBER CANNOT BE RULED OUT.

IT IS THUS CONSIDERED HIGHLY DESIRABLE THAT IMMEDIATE STEPS

BE TAKEN TO SECURE PROPER LEGAL AUTHORITY FOR A POWER OF

SUSPENSION WITHOUT PAY, IN CASE OF AN UNFAVOURABLE RESULT. THE

APPEAL WAS HEARD ON 30TH AND 31ST OCTOBER BUT THE APPEAL COURT

WILL NOT GIVE JUDGEMENT UNTIL THE END OF THIS MONTH.

6. THE GOVERNMENT FAVOURS AMENDMENT OF THE LETTERS PATENT OR ISSUE OF ADDITIONAL INSTRUCTIONS, I. E. RELIANCE UPON PREROGATIVE POWERS, AS THE MOST APPROPRIATE WAY OF DEALING WITH THE MATTER. IN THE UNITED KINGDOM REGULATION OF THE CONDUCT AND CONDITION OF SERICE OF HER MAJESTY'S HOME CIVIL SERVICE IS BY EXERCISE OF THE ROYAL PREROGATIVE VIA THE CIVIL SERVICE ORDER IN COUNCIL 1969, AND WE WOULD PREFER TO SEE THIS TRADITIONAL RELIANCE ON THE PREROGATIVE PRESERVED, AS OPPOSED TO ENACTMENT OF AN ORDINANCE.

7. WE NOW SEEK YOUR APPROVAL AT THE EARLIES MOMENT FOR THE AMENDMENT OF THE LETTERS PATENT OR THE ISSUE OF APPROPRIATE INSTRUCTIONS TO GRANT THE GOVERNOR AN UNASSAILABLE POWER TO SUSPEND GOVERNMENT SERVANTS AND TO WITHHOLD PAY FROM OFFICERS

WITHHOLDING LABOUR.

8. WE ARE ADVISED THERE IS ALSO A POTENTIAL PROBLEM OVER THE QUESTION OF DELEGATION OF THE GOVERNOR'S POWERS UNDER THE LETTERS PATENT. THIS STEMS FROM ARTICLE XIII (2) WHICH IN PROVIDING AN EXPRESS POWER OF DELEGATION IN RELATION TO LAND

GRANTS, IMPLIES THE ABSENCE OF SUCH POWER IN OTHER CIRCUMSTANCES.

9. THIS REQUEST ACCORDS WITH THE POSITION WITH WHICH YOU HAVE PREVIOUSLY EXPRESSED SUPPORT, NAMELY THAT TO PASS AN ORDINANCE IN THE LEGISLATIVE COUNCIL WOULD INVOLVE INEVITABLE POLITICAL AND PRACTICAL DIFFICULTIES. IT IS ALSO A QUALIFICATION OF THE LEGAL ADVICE PREVIOUSLY GIVEN BY SENIOR CROWN COUNSEL THAT THE NEED TO TAKE ANY REMEDIAL ACTION OTHER THAN ALTERATION OF THE PREAMBLE TO GOVERNMENT REGULATIONS MIGHT BE AVOIDED. UPON CONSIDERATION OF CONS J. ́S DECISION, WE ARE NOW SATISFIED THAT IRRESPECTIVE OF THE RESULT OF THE DISPENSERS' APPEAL, AN EXPRESS POWER ADDITIONAL TO THAT IN ARTICLE XVI IS DESIRABLE, I. E. TO PROVIDE FOR THE CONDUCT AND CONDITIONS OF SERVICE OF PERSONS

HOLDING PUBLIC OFFICE. THIS WE SEE AS MEETING THE DIFFICULTY

OUTLINED IN PARA 4 ABOVE, NAMELY THAT IT IS ARGUABLE THAT THE

/GOVERNOR'S

3

*CONFIDENHAL