TNAG-1203-FCO40-1505-Policy-on-visas-and-entry-certificates-in-Hong-Kong-1982 — Page 127

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CHAPTER 4

PUBLIC SERVICE

4.1.

4.2

4.1

4.1.1

4.1.2

4.1.3

POSITION OF PUBLIC SERVICE OFFICERS

All officers serving in DTs whose services are not expressly otherwise employed for the British Government (for example civilian employees of the Ministry of Defence in Hong Kong and Gibraltar) are servants of the Government of the Territory, by virtue either of their employment by the Territory or by their contract of employment with the British Government. Except for officers serving on secondment, by virtue of an ODM technical co-operation engagement (para 4.6); or in the Corps of Specialists (para 4.4.5); or Diplomatic Service Staff on secondment, their salaries are paid from the funds of that Government; and that Government is also responsible for their pension and other benefits on retirement.

All officers in a DT are subject to the rights and obligations laid down in Colonial Regulations Part I. They are also governed by the General Orders or other Establishment Regulations of their Territory. Expatriate contract officers are also governed by the terms of their contract.

The public services of DTs are staffed to a very great extent by local officers. Appointments and promotions are largely dealt with by a Public Service Commission or Board, which is normally required to give priority for all appointments to local persons. Persons from outside the Territory are only recruited when no suitable local candidates for the appointments are available or likely to be available.

4.2

RIGHTS OF PUBLIC SERVICE OFFICERS

Under the Colonial Regulations, all officers in DTs are entitled to look not only to the Officer Administering the Government (OAG) of their Territory, but also to the Secretary of State, for general protection and support. This relationship is of a general nature, but four aspects are particularly important:

1

2

Eligibility of all officers for promotion or transfer. All officers in a DT may be considered for promotion or transfer to the public service of any other DT as the occasion may arise. By Colonial Regulation 19, the ultimate control of appointments to certain senior posts is reserved to the Secretary of State, who is therefore able to see that the most suitable person from whatever DT is appointed. Under Colonial Regulation 20 it is also possible for the OAG of a Territory to decide that no local person is suitable for a vacancy in the Territory, and in consequence to ask the Secretary of State to fill the vacancy from elsewhere.

In accordance with Colonial Regulation 69 "Any officer in a Territory has the right to address the Secretary of State" provided that he does so through the OAG. Officers may also address petitions to The Queen in Council through

October 1978

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