TNAG-2000-FCO40-2847-Hong-Kong-Civil-Service-appointments--promotions-and-policy--1990 — Page 63

Miss Marsden

SIPALG

CONFIDENTIAL

DELEGATION TO HONG KONG OF RESPONSIBILITY FOR APPOINTMENTS, PROMOTIONS ETC

CR20

1.

As you know for some time now both we and the Hong Kong Government have been considering what further delegation might be possible in the question of appointments, transfers, promotions and retirements etc in the Hong Kong Government. (We also need to consider discipline but HKG are doing this separately.) The Hong Kong Government have now put forward to us some proposals on this.

2.

I believe it is high time that wherever possible we should new delegate to the Hong Kong Government responsibility for civil

service matters. I consider this as appropriate both on practical and autonomy grounds. Hong Kong Government employs about 180,000 civil servants and must surely be deemed capable of taking decisions on appointments, promotions, retirements etc. The only areas I consider that HMG (ie. the Secretary of State) should retain a role are:

a) where actions by HKG lead to possible financial implications for HMG;

b) for appointments to the permanent establishment which would lead to applications for membership of HMOCS;

c) for action taken against officers who were originally appointed by the Secretary of State;

d) appointments which by law in Hong Kong require the Secretary of State's approval or for which we consider HMG should still be involved ie. the Chief Secretary and Attorney General;

e) appointments where we would wish Hong Kong Government to inform us but we would not wish to approve them.

Appointments, Promotions, Transfers

General

4.

At Annex A is listed the Civil Service Regulations in Hong Kong and the Colonial Regulations underwhich the Secretary of State's approval is required for various appointments, transfers and promotions. Colonial Regulations 16, 17 and 19 are the most relevant. It is not clear to me what "office or grade" is now in fact prescribed by the Secretary of State. Considering that HMG is now effectively not involved in the recruitment of any Hong Kong Government officers I would suggest CR19 is no longer applicable. CR16 is presumably a catch all and is simply designed to show that the colonies work within a framework of authority delegated ultimately from Her Majesty. CR17 would seem

CONFIDENTIAL