TNAG-2222-FCO40-3193-Hong-Kong-Civil-Service-general-policy-1991 — Page 159

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

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right therefore, for the Secretary of State to retain the power to approve appointments to comparable official posts

prior to 1997.

Judicial Appointments

7.

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

exten Judicial officers on or above the post of District Judge tex equivalent) 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 is given at Departmental level after advice from, except in the case of the Chief Justice.

8.

We have agreed with the Hong Kong Government that in

accordance with the Basie Law Article 90, the Secretary of

State's approval should only be sought for the appointment

of the Chief Justice, (the most senior office in the judiciary) and the post of Chief Justice of the Court of

Final Appeal if created separately. In addition, we have

add: to Homy

recomend thiA agrood, ob the advice of the Legal Adviser that the

from

Secretary of State's approval should be retained also for

and

Flo

Legal Adriae

the appointment of/igh Court Judges. This advice was given in view of the fact that volume 8 of Diplomatic Service Procedure provides a continuing role for the FCO in the

appointment of High Court Judges. The Chief Justice has

been consulted and is content.

The Chil Justin (cf. Article 90

of 14 Bosi low)

chali

к

Disciplinary Matters

9.

Once an Officer's appointment has been made or approved by the Secretary of State, the Secretary of State also has a role under Appendix II of the Colonial Regulations in consideratia

approcatio considering and approving disciplinary action against such

← an officers Under CR66 any officer whose appointment was

NIKAAV/3

امع

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