TNAG-2222-FCO40-3193-Hong-Kong-Civil-Service-general-policy-1991 — Page 158

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Appointment of Public Officers in Hong Kong

4.

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The

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. This is subject to any instructions given by the Secretary of State under Article II of the Letters Patent. Letters Patent. Colonial Regulations, which apply to the administrations of all Dependent Territories are directions given within the scope of the power of Article I to give such instructions.

A large number of these Colonial Regulations apply

specifically to the public services of the territories.

5.

Under Colonial Regulation/ 19 (CR19), the Secretary of State has the function of approving appointments to "any office or grade prescribed" by himself. The "offices and grades" which are at present prescribed for the purposes of

CR19 are attached. The number involved exceeds 1000

posts. Only the most senior posts are referred to the

Secretary of State personally. The rest are dealt with,

on his behalf, at Departmental level. The Secretary of

State's approval is given directly only for the appointment of the Chief Secretary, and the Chief Justice after

receiving Royal Assent. Section 3 (1) of the Audit Ordinance, also requires the Secretary of State to approve

the appointment of the Director of Audit.

6.

I the equivaled of

We have therefore agreed with Hong Kong Government to

recommend to the Secretary of State that the number of

offices appointment or promotion to which require the

Secretary of State's approval, should be limited to those mentioned in Basic Law Articles 48 (5) Hong Kong telno,

..will bring 2922/- This is to ensure that HMG's role regarding the

civil service is brought into line with that to be performed by the CPG in 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. It seems

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