TNAG-2000-FCO40-2847-Hong-Kong-Civil-Service-appointments--promotions-and-policy--1990 — Page 60

RESTRICTED

To be the Vihmate

Potector" of ike public service in

even DT, 10 ensure

σ

selection for that appointment be made with the approval of the Secretary of State has to be maintained.

6.

It should also be borne in mind that whether or not the Secretary of State retains a role in approving appointments or promotions he will, until a Public Service Commission, or as the case may be a Judicial Service Commission, becomes executive, retain his role as the "ultimate protector of the Public Service" - see paragraph 2.5 of DSP Volume 8. A factor highly relevant to the removal of the Secretary of State from this role when the control passes to an executive Public Service Commission or Judicial Service Commission, is

paragraph 17 (a) of Cmnd 1193 which provides "when the

its freedom Secretary of State's control passes to an executive Public

from

political

pressures

Service Commission, overseas officers should be entitled to

11 Overseas officers there retire with compensation means members of HMOCS.

With regard to the specific questions in paragraph 2 of your minute:-

7.

(a) the responsibility for the Public Service of the

Secretary of State is not limited to those members of the Public Service in appointments for which the approval of the Secretary of State is required;

(b)

8.

High Court Judges.

(a)

(b)

a colonial civil servant is in the employment of the government of the Colony, not of the Secretary of State and there is no contractual relationship between the Secretary of State and such colonial civil servants.

To summarise:-

So far as the Secretary of State's functions under Colonial Regulation 19 are concerned, the level at which that Regulation bites may be set at the discretion of the Secretary of State and according to his assessment of the need for the FCO to be informed of senior appointments. The practice whereby appointment to the office of Chief Justice is approved by The Queen requires that that office should certainly be prescribed for the purposes of Colonial Regulation 19 and prudence may suggest that other senior judicial posts should also be prescribed.

The level at which references are made to the Secretary of State under Regulation 19 also affects the specific responsibility of the Secretary of State under certain regulations relating to discipline and compulsory retirement and this needs to be taken into account.

4 PFABU

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