TNAG-1280-FCO40-1631-Public-Service-in-Hong-Kong-devolution-of-Secretary-of-State-1983 — Page 36

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PUBLIC SERVICE IN U.K. DEPENDENT TERRITORIES

529

The purpose of the Act was to get rid of an earlier Act under which the Governor of a Colony was required, within one week, to report to the Secretary of State, for his confirmation, every grant of leave to a person holding office in the Colony; if confirmation was not forthcoming, the officer was required to return immediately to the Colony; if he failed to do so he was deemed to have vacated his office; and if the Governor omitted to report, he could be subjected to a penalty not exceeding £100.80 No doubt, that Act had become unsuitable and obsolete, but one wonders why it was not simply repealed instead of being replaced by an Act which laid down a rule with no sanction for its enforcement.

LOCAL LAWS, ETC.

There are also orders and regulations governing the members of the public service in individual territories. Even where they do not supersede Colonial Regulations 81 they may reproduce some of them (doubtless for the convenience of members of the service) or modify them, with the sanction of the Secretary of State, in their application to the particular territory 82—and, accordingly, adapt them in the light of local orders or regulations.

Needless to say, if Colonial Regulations conflict with statute, the latter prevails.83 Provision regarding appointments, discipline, etc., of certain categories of public employees, such as members of the police force or railway staff, is quite likely to be found in laws made by the local legislature.

Pensions: public officers

84

Perhaps the most important body of legislation which centralised direction and guidance have produced in United Kingdom dependent territories is that governing the award of pensions. The second (revised) model Ordinance was printed for the Colonial Office in 1940. Certain main principles appear in the Ordinance itself, e.g., maximum pension, the circumstances in which pensions may be granted or terminated and death gratuities. But the rules for com- puting pensions are contained in Regulations appended to the Ordinance, though they are subject to amendment by the Governor in Council. Of particular interest for present purposes are the

H.C. Deb., 4th Series, Vol. 23, cols. 962-963, where the repealed Act (54 G. 3, c. 61) was misquoted.

* Sec pp. 239-240, supra.

1 Reg. 1, footnote.

"Specifically acknowledged in Reg. 57.

* Colonial Office paper Miscellaneous No. 459 (2nd ed.). Subsequent experience

has necessitated amendments but there has been no later model Ordinance.