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(d) Ministers take note of other minor changes we have
agreed with HKG.
3. I submit a letter of instruction from the Secretary of
Hong Kong Government and Legal
State to the Governor.
Advisers agree.
Background and Argument
Appointment of Public Officers in Hong Kong
4.
The power to appoint public officers in the Hong Kong Civil Service and members of the Judiciary in Hong Kong is
vested in the Governor by Article XIV of the Letters Patent, subject to any instructions given by the Secretary of State
under Article II of the Letters Patent. The Colonial
Regulations, which apply to the administrations of all Dependent Territories, are such instructions. Many Colonial Regulations apply to the public services.
A
5.
Under Colonial Regulation 19 (CR19), the Secretary of State has the function of approving appointments to "any
office or grade prescribed" by the Secretary of State.
list of the offices and grades at present prescribed in
Hong Kong for the purposes of CR19 is at Annex B. It exceeds 600 posts. Of these we submit to the Secretary of
State on only a few top posts, dealing with the others, at
Departmental level on his behalf. The Secretary of State's approval is given directly only for the appointment of the Chief Secretary, the Financial Secretary, the Attorney General and the Chief Justice, which require Royal Assent. Section 3 (1) of the Audit Ordinance requires the Secretary of State to approve the appointment of the Director of Audit too.
6.
It now seems unnecessary for HMG to be involved in appointments to so many posts in the Hong Kong Government
NIKAAV/2
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