TNAG-2396-FCO40-3483-Hong-Kong-Civil-Service-policy-1992 — Page 155

G. F. 82

L/M(1) in.

File No.. L/M(10) to DP 66/5-C(90)III

M. I (Cont'd)

3

Page.

Delegation of authority under CR 56, 57, 57(3),

57, 57(3), 58 and

Secretary for the Civil Service/Heads

DP (CR) Rs to the

of Departments

3.

At present,

all

formal disciplinary

proceedings instituted under CRS in respect of Category

A officers are handled by the Civil Service Branch

(CSB). In line with the policy of devolution of

central authority to Departments, we propose that

Heads of Departments should be delegated the authority

to institute disciplinary proceedings and to award

punishment other than dismissal under CRS 56, 57 and

58, and to summarily dismiss an .officer for abscondment

under CR 57(3) in respect of Category A officers

remunerated below MPS Pt.

However, where there is

disagreement between the Head of Department and the

Public Service Commission (PSC), the case should be

submitted to the Governor for the award of punishment.

14.

4.

Dismissal cases should, however, be referred

to the Secretary for the Civil Service for award of

punishment after the disciplinary proceedings have

been completed and PSC's advice has been sought on the

proposed punishment. This is because following the

implementation of the New Pension Scheme on 1.7.87,

pension has been made a right of a civil servant. The

award of dismissal under CRS 57 and 58, being the most

serious punishment, which forfeits an officer's right

to his pension and other benefits, should be exercised

with extreme caution. There is no need, however, for

the Governor to be called upon to take decisions

regarding dismissal of junior officers. We therefore

propose that the authority of dismissal in respect of

officers below Point 14 on the MPS should be delegated

to the Secretary for the Civil Service.

Where there

is disagreement between him and the Head of Department

or between him and the PSC, the case shall be submitted

to the Governor for a decision.