TNAG-2000-FCO40-2847-Hong-Kong-Civil-Service-appointments--promotions-and-policy--1990 — Page 49

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

3

Letter

5.

This subject was again raised in April 1987

in the context of the then draft Pensions

Bill.

Benefits

As a result, there is no reference to the

Secretary of State in the Pensions Benefits Ordinance

and reference to the Secretary of State in the Pensions

Ordinance has also been removed.

of

However, the

Secretary

retained in practice for cases where the approving

authority in the legislation has been changed from him

to the Governor.

State has asked that his authority be

path// and 2/77.

6.

Constitutional

In March this year, the Secretary for

Affairs was asked to explain why the

State's approval was required for the

Secretary

appointment

of

of

above.

The

that

in fact the approval of the Secretary of State was

High Court Judges or equivalent and

Registrar, Supreme Court pointed out

sought for all

appointments of

District Judges

or

equivalent and above and this might be a parallel with

other officers in the civil service on D3 or above but

no

mention

was

made of

seek

such

to the requirement

approval in the Letters Patent. The Deputy Solicitor

General

that it

was provided

in

the

=

also clarified

Supreme Court Ordinance that

"every Chief Justice and

le

by law

every

puisne judge

shall,

Letters Patent under the Public Seal

in accordance with such instructions

through a Secretary of State."

be

appointed by

by by the Governor,

as

he may receive

....

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