TNAG-2000-FCO40-2847-Hong-Kong-Civil-Service-appointments--promotions-and-policy--1990 — Page 36

CONFIDENTIAL

FM HONG KONG

TO PRIORITY FCO

TELNO 3164

OF 311028Z OCTOBER 90

(13)

020156

MDLIAN 2951

Bida

CONFIDENTIAL

141⁄2 30014

do

9.

FRO PAUL, HKQ FROM SHIPLEY, CSB

12

TOP COPY Q DIST?

YRTELNO 1933: REFERRALS OF APPOINTMENTS TO THE SECRETARY OF STATE

1. OUR COMMENTS ON PAUL FIFOOT'S MINUTE OF 3 OCTOBER ARE AS FOLLOWS:

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(A) PARA 2 I CONFIRM THAT IT IS OUR INTENTION TO REMOVE ALL REFERENCES TO THE SECRETARY OF STATE FROM CIVIL SERVICE REGULATIONS. AMENDMENTS TO THESE REGULATIONS WILL BE PROMULGATED IN SERVICE-WIDE CIRCULARS WHICH WILL ALSO SET OUT WHATEVER

ADMINISTRATIVE ARRANGEMENTS ARE AGREED.

(B) PARA 3

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WE AGREE THAT CR 66(1)(C) HAS ALREADY ENCOMPASSED CR 66(1)(A) AND (B) AND THEREFORE OUR PROPOSALS WITH REGARD TO APPOINTMENTS AND PROMOTIONS WILL HAVE NO BEARING ON THE PROCESSING OF DISCIPLINARY CASES UNDER CR 66. THIS ALSO APPLIES TO CR 67, WHICH HAS NEVER BEEN USED IN HONG KONG. HOWEVER AS WE ARE STILL EXAMINING THIS ISSUE, OUR PROPOSALS FOR THE REMOVAL OF REFERENCES TO THE SECRETARY OF STATE IN DISCIPLINARY MATTERS WILL

BE MADE SEPARATELY.

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(C) PARA 4 THE PROPOSALS SET OUT IN OUR PAPER FORWARDED TO YOU ON 15 JANUARY 1990 WERE AGREED WITH THE CHIEF JUSTICE. HOWEVER, HE WOULD HAVE NO OBJECTION IF IT WERE DECIDED THAT THE APPOINTMENT OF HIGH COURT JUDGES SHOULD CONTINUE TO BE REFERRED

TO THE SECRETARY OF STATE.

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(D) PARA 5 THE ADMISSION OF AN OVERSEAS OFFICER TO THE HK PERMANENT ESTABLISHMENT IS SURELY SEPARATE FROM HIS ADMISSION TO MEMBERSHIP OF HMOCS. THE FORMER MAY MAKE THE OFFICER ELIGIBLE TO APPLY FOR MEMBERSHIP BUT DOES NOT CONVEY A RIGHT TO MEMBERSHIP. AS FAR AS WE ARE AWARE NO OFFICER HAS BEEN REFUSED TRANSFER TO PENSIONABLE TERMS BUT A NUMBER OF OFFICERS HAVE BEEN REFUSED ADMISSION TO HMOCS. HOWEVER, WE WOULD NOT WISH TO MAKE AN ISSUE OF THIS IF YOU FEEL ADMISSIONS TO THE PERMANENT ESTABLISHMENT

SHOULD STILL BE REFERRED TO THE S OF S.

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CONFIDENTIAL