TNAG-2396-FCO40-3483-Hong-Kong-Civil-Service-policy-1992 — Page 39

Legal Advisers are content.

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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 other 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.

X

XX

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 departments. 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:

h

d

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).

MVSAFN/2

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