TNAG-1280-FCO40-1631-Public-Service-in-Hong-Kong-devolution-of-Secretary-of-State-1983 — Page 31

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

524

THE PUBLIC SERVICE

in future compensation schemes, notably that officers should be entitled to retire with compensation when the Secretary of State's control passes to an executive Public Service Commission. According to the United Kingdom Government's estimate, the cost of their contributions to all the territories concerned was likely to be between £12m. and £16m. per annum. This figure does not appear to have taken into account an additional proposal that where, to assist a Government overseas, persons are released on loan from Government service or by other employers, the Government would in appropriate cases pay the differential between the terms of the overseas appointment and the previous salary.

Implementation of changes by statute

For the purpose of giving effect to arrangements made with the governments of overseas territories in pursuance of the 1956 state- ment of policy, the Secretary of State was authorised, by the Overseas Service Act, 1958, to "appoint officers to be available for civilian employment in the public services of those territories" and to make orders to provide for their pensions.88 One peculiar, but almost inevitable, feature of the plan is that, though a person appointed under it is, by the terms of the Act, an officer holding an appointment" under the United Kingdom Government, he does not appear to hold any particular office under that. Government.*9

"

To implement later policy, the Overseas Service Act, 1961,7 permits the Secretary of State to make agreements for recompensing overseas governments in respect of expenses incurred by them in connection with the employment of persons in their service and the payment of compensation to them.

In 1961 the functions of the Colonial Office in relation to the public service in overseas territories were, in the main, transferred to the Department of Technical Co-operation," which, in 1964, was absorbed in the Ministry of Overseas Development. But the Secretary of State's general responsibility 72 for members of the public service in overseas territories and his special responsibility for those recruited by him or on his behalf remains, and it is to him that in these matters the Ministry of Overseas Development tenders advice.

66 This method of recruitment is elaborated in Cmnd. 1740.

67 6 & 7 El. 2, c. 14.

88 Overseas Service Superannuation Orders, 1961 to 1964, S.I.s 1961 No. 1494, p. 3020,

1962 No. 44, p. 32, 1964 No. 7, p. 5.

69 Unless he is made available for such an office under s. 1 (8) of the Act.

70 9 & 10 El. 2, c. 10.

71 Established by the Department of Technical Co-operation Act, 1961 (9 & 10

El. 2, c. 30).

72 Colonial No. 306.

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