TNAG-0992-FCO40-1211-Policy-on-salaries-and-pensions-for-civil-service-in-Hong-Ko-1980 — Page 319

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II

21:09

G.S. 166

CONFIDENTIAL # 3 Mr Scarle

For discussion

on 11th November 1980-

HKCK 4:301

RECEIVED IN RAG TIN RR. $1

12 DEC 1980

DESK OFFICE.!

INDEX

PA

LOMS 12.12

機密

XCC(80)120

Copy No

AW 15/12

ME MORANDUM FOR EXECUTIVE COUNCIL

ARTICLE XVI OF THE LETTERS PATENT

ران

of 40

Introduction

Article XVI of the Letters Patent provides that;

"the Governor may, subject to such instructions as may from time to time be given to him by Us through one of our Principal 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.

#1

Uncertainties about the validity and the scope of power under this Article have been raised in a case in which 26 Dispensers have brought legal action against the Government challenging the limits beyond which that power should not be extended. (The background of this is summed up in Annex I to this memorandum.)

Background

2

On 20th November 1979, vide memorandum XCC(79) 107 (copy attached as Annex II) Members were asked to advise on the proposed Public Officers (Industrial Action) Bill 1979 which sought to provide the Secretary for the Civil Service with authority to make deductions from a public officer's pay where he fails to perform his usual duties; or alternatively to provide the Secretary for the Civil Service with power to suspend from duty without pay any public officer who is absent from work, or fails to perform his usual duties, or engages in irregular industrial action short of a strike. In the event, Council advised against the introduction of the proposed bill for the following reasons:

(a) The possible consequences of giving statutory force

to some of the provisions in Government Regulations need to be carefully thought through and this requires time.

(b) The proposed bill would inevitably throw doubt publicly

on the validity of Government Regulations generally, including Security Regulations, and Financial and Accounting Regulations, as well as Civil Service Regulations.

CONFIDENTIAL

機密