TNAG-2437-FCO40-3539-Authority-for-retirement-of-civil-servants-in-Hong-Kong-prio-1992 — Page 96

Miss Brooks

Legal Advisers

2

File

CONFIDENTIAL

Reference

НКА 233/17

RETIREMENT: AUTHORITY: LIMITED COMPENSATION SCHEME

1. I should be grateful for your advice on the attached correspondance. A Mr Broadley is attempting to argue that the power for the crown to determine a civil servants service in Hong Kong has not been properly delegated. I believe the nub of the matter is set out in Mr Wingfield's minute of 3 April at flag G.

2.

He

In paragraph 4 of Mr Wingfield's minute, he makes the point that it may be inferred from the exchange of telegrams in 1986 that the Secretary of State approved the Limited Compensation Scheme and delegated his power under CR55. goes on to say that it would be desirable to put this matter beyond doubt by obtaining confirmation of the Secretary of State's approval and delegation.

3.

The

I have perused the 1985, 1986 and 1987 files dealing with the Limited Compensation Scheme. I have been unable to find any evidence that Ministers have considered or endorsed the details of the scheme. This would be highly surprising. scheme was under discussion between HKG and the FCO for something like two years. I believe it was discussed with the Chinese. I find it highly unlikely that at some stage we did not seek Ministerial blessing for it but I shall clearly have to widen my review of files if I am going to find relevant papers.

4.

Before I embark on what may be an extremely time-consuming exercise, I should be grateful for your advice on the importance of finding evidence that this Scheme was specifically referred to Ministers, or specifically referred to the Secretary of State. Mr Wingfield's minute appears to suggest that the key colonial regulation is CR55. This states "an officer holds office subject to the pleasure of the Crown and the pleasure of the Crown that he should no longer hold it may be signified through the Secretary of State, in which case no special formalities are required." Does the phrase "through the Secretary of State" imply that the Secretary of State need not himself pronounce on the matter?

Hill ustre

M V Stone

Hong Kong Department

WH 304

270 2651

CODE 18-77

27 April 1992

SISACS JRB

CONFIDENTIAL