TNAG-2396-FCO40-3483-Hong-Kong-Civil-Service-policy-1992 — Page 188

布政司署

CONFIDENTIAL

香港下亞畢道

本署檔號 OUR REF:

(91) in L/M(10) to DP 66/5-C(90)III

來函檔號 YOUR REF:

Miss E L Williams

Hong Kong Department

Foreign & Commonwealth Office

London SW1A 2AH

United Kingdom

Dear Miss Williams,

GOVERNMENT SECRETARIAT

LOWER ALBERT ROAD

HONG KONG

HKA 016/1

2 April 1992

„VED IN REGISTRY

Delegation of Power under Colonial Regulations (CRS)

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Thank you for your letter dated 24 March 1992 and for your concern about possible bias in cases of dismissal under CR 57(1) involving officers serving in the Civil Service Branch.

the

Our proposal as set out in our letter dated 20 November 1991 is to delegate to the Secretary for the Civil Service the authority under CR 57(1) for dismissal of more junior officers, that is Category A officers remunerated below Point 14 on the Master Pay Scale. These cases are normally initiated and processed by the department in which the accused officer is serving, and not by the Civil Service Branch (CSB). Upon legal advice that on the basis of evidence available, there is a prima facie case of misconduct, then under CR 57 and the Disciplinary Proceedings (Colonial Regulations) Regulations, an Investigating Committee is appointed to conduct a hearing. It is only on the basis of the evidence presented at the hearing that the Investigating Committee determines whether an officer is guilty of a

The accused officer is given the opportunity to cross-examine the witnesses presented at the hearing, call his own witnesses and make a statement to the Investigating Committee. Thereafter the report from the Investigating Committee is subject to the advice from the Attorney General's Chambers as to whether the proceedings are in order and the findings are supported by evidence. Under the present system, it is not for the Head of a Department

charge.

CONFIDENTIAL

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