TNAG-2396-FCO40-3483-Hong-Kong-Civil-Service-policy-1992 — Page 32

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dismissal under CR 57 (3)). The Governor recommends that

this authority should be delegated to the Secretary for the

Civil Service for officers below MPS point 14. Such a

change would reduce by about half the dismissal cases under

CRs 57 and 58 which the Governor would have to deal with.

6.

Master Pay Scale point 14 has been chosen as the

demarcation of authority between departments and central

Government for category A officers because this is in line with existing delegation of authority to heads of department

for the award of punishment in respect of category B

officers. Officers below MPS point 14 are relatively junior

and heads of department are in a better position than the

central authorities to consider and award punishment.

7. We were concerned that there could be a risk of bias

when such an officer was in fact serving in the Civil

Service Branch: The Secretary for the Civil Service would

then be deciding the fate of one of his own staff. However, Hong Kong have pointed out that there are a great number of checks and balances in the system which would prevent this from happening. For example, an investigating committee is appointed to hear any allegations of misconduct. The report

of the investigating committee is sent to the Attorney

General's Chambers for advice as to whether the proceedings

were in order and that the findings are supported by

evidence. Under CR 65 the Secretary for the Civil Service is required to seek the advice of the Public Service

Commission before deciding on the appropriate form of

punishment.

8.

We accept that these checks and balances are adequate.

MVSAGN/3

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