TNAG-2396-FCO40-3483-Hong-Kong-Civil-Service-policy-1992 — Page 31

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Background

3. The Governor may only delegate the power to dismiss an

officer or to require him to retire under regulation 59 with

the approval of the Secretary of State. The current position in Hong Kong is that for category B officers (ie

those officers on day-to-day or week-to-week terms, officers

on probation and/or agreement terms), the authority for discipline in respect of officers remunerated below Master

Pay Scale point 14 or equivalent has already been delegated

to heads of department (under Regulation 7(2) of the Civil

Service (Disciplinary) Regulations 1988). This did not require our approval, since category B officers are not part

of the permanent establishment and thus not subject to the

colonial regulations. In all cases of dismissal (except

summary dismissal cases under CR 57(3), which the Secretary

for the Civil Service handles), the Governor personally has

to review the case and agree the disciplinary action.

4. This not only places a burden on the Governor, but is

contrary to Hong Kong Government's general policy to devolve

authority to the heads of department. The Governor has

therefore proposed that authority to deal with category A junior officers (ie officers below Master Pay Scale point

14) should be delegated. Two levels of delegation are

proposed. One is to heads of department, in the following

cases:

(a) to institute disciplinary action and to award punishment

other than dismissal under CR 56, 57 and 58; and

(b) summarily to dismiss under CR 57 (3) an officer for

abscondment (ie unexplained absence for over 21 days).

The second level of delegation is with regard to the

general authority for dismissal (other than summary

5.

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