*GOUERL
HOUSE HONG KONG.
SAT 01 FEB 92 03:48
PG.03
CONFIDENTIAL
simple and well understood in Hong Kong.
If such overlaps were to be removed and each office has to be appointed by one specific officer only and nobody else, then it would be necessary to spell out the delegated power in great detail specifying
to which office is
be appointed by which officer. It would make the entire appointments system much more complicated and unnecessarily bureaucratic. changes and updating of the delegated powers would then be
to cater necessary
ch anges
organisation departments, new
and/or
of different
grades, etc.
a
for ranks
areas
in the
scale pay
to
Frequent
of
are
You may wish to note that
that overlapping powers common feature in many
of legislation in Hong Kong. For instance, the power to appoint the Registrar of Births
is and Deaths
delegated to the
Secretary, Chief Branch Secretary, Deputy Secretary and Principal Assistant Secretary. The power to appoint boiler inspectors or air receiver inspectors is delegated the Chief Secretary, Branch Secretary, Deputy Secretary and Commissioner for Labour. The power to appoint disciplinary board panel members under the Buildings Ordinance and the power order resumption of Land under the Crown
under the Crown Lands Resumption Ordinance are also delegated to a chain of officers from the Chief Secretary downwards. Hence, should the principle
adopted there overlapping powers implications across
requiring amendments to both primary and subsidiary legislation.
of
no
be the board
would
to
be
extensive-
power
of-
In actual practice, however, the appointment will be exercised by the more junior officers who have the delegated authority. When in doubt they will seek the guidance of senior officers who also have the same authority. It is most unlikely that the Chief Secretary or the Secretary for the Civil Service would exercise
exercise their authority to appoint very junior officers a department where the senior officers of that department have already been given the delegated authority.
As regards your concern
of
power
after
1997,
in
over a possible centralisation
ποτ be this could
If the top prevented by removing the overlaps of power. ranking officials decide to centralise powers they could withdraw the delegated authority altogether. Alternatively they could exert influence and presure on their subordinate officers to make sure the latter exercise their delegated authority in a certain manner.
Nick a q of prevention
but of rendering more difficult- a practical bani
M
No comments yet.
Private notes are available after approval.