TNAG-1280-FCO40-1631-Public-Service-in-Hong-Kong-devolution-of-Secretary-of-State-1983 — Page 22

CODE 18-77

CONFIDENTIAL

HKK 256/2

RECEIVED IN HEGISTRY

23 DEC 1283

pl.

90425712

Reference

FROM: D Howlett

Research Department

DATE: 22 December 1983

DESK OFFICER

REGISTRY

INDEX

PA

Action Takan

cc:

Mr Cashmore

Mo

Ru

Research Department

see

Mr Hoare

Hong Kong Department

DELEGATION OF SECRETARY OF STATE'S RESPONSIBILITIES FOR PUBLIC SERVICE IN THE DEPENDANT TERRITORIES

1.

Thank you for your minute of 28 November; I am sorry

However, I hope

I have not been able to reply sooner. what follows will be of use.

2

2. The organisation of Public Service Commissions (and the related bodies of Judicial/Legal and Police Commissions) in the dependant territories has generally followed

British practice. In the "Old Dominions" bodies emerged similar to the British Civil Service Commission as self-government itself evolved. Although their functions were broadly similar to the Civil Service Commission, in some cases they have come to have much wider powers than their UK counterpart.

3. As I understand it the public service in the dependant territories was divided into two sections: those

locally recruited to the more junior grades and those more senior officials recruited from the UK or other territories. It was only this latter group which was subject to the full UK based organisation of the Colonial Office. Despite the fact that the Secretary of State exercised authority over these more senior officials these officers were, technically, in the service of the countries to which they were appointed.

4. What follows describes in general terms the evolution of the control exercised over the public service in the dependant territories. The position prior to any significant political advance was that the Governor wielded authority delegated from the Sovereign via the Secretary of State. Under this authority he was charged with the effective and efficient administration of his territory. This necessarily involved him in making public service and judicial appointments.

5. Once internal political advance was under way, it seems to have become accepted practiee that this advance was accompanied by measures to establish a Public Service Commission. This was necessitated by the gradual reduction of the Governor's powers and the need to ensure the public service remained detached from political activity. When the Public Service Commission was first established it seems that the Governor normally retained a wide personal authority

/and

CONFIDENTIAL

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