TNAG-2222-FCO40-3193-Hong-Kong-Civil-Service-general-policy-1991 — Page 148

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

take over post 1997.

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1.

The current practice of approving appointments to so many of the offices in the Hong Kong Civil Service and

Judiciary (the majority of which pertain to positions below

the most senior grades) also results in a large amount of

unnecessary and time consuming paperwork for both Hong Kong Government and HMG. The approval is now only a rubber-stamp

in most cases.

8. We and the Hong Kong Government have therefore included

that that the number of officers, the appointment or promotion to which requires the Secretary of State approval

should be as few as possible. I therefore recommend that

these offices should be limited to the equivalent of those

mentioned in Basic Law Article 48 (5). This will bring HMG's

role regarding this area of the civil service into line with

that to be performed by the CFG after 1997. Article 48 (5)

of the Basic Law provides that the Chief Executive shall

nominate and report to the CPG for appointment, various

principal officials: although the Chinese have not yet made it precisely clear which position are involved, we believe

the proposals are appropriate.

Judicial Appointments

9. The Secretary of State's approval is also sought for the

appointment, promotion, transfer to the permanent

establishment, and retirement (or extension of service) of

Judicial officers on or above the post of District Judge

(some 60 posts). This parallels the arrangement made in respect of officers at D3 level or above in the civil

service. The Secretary of State's approval is therefore

sought for all District Judges, High Court Judges and the Chief Justice. Approval 10 yoron mû Departmental level after advice from the FCO Legal Advisers, in all cases

except in the case of the Chief Justice.

NIKAAV/3

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