TNAG-2442-FCO40-3549-Hong-Kong-Civil-Service-appointments-and-promotions-1992 — Page 21

CONFIDENTIAL

FM HONG KONG

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TELNO 572

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PERSONAL FOR RICKETTS, HKD FROM PS/GH

YRTELNO 198: SENIOR APPOINTMENTS

1. WE HAVE NO PROBLEM IN COMPLYING WITH YOUR WISH TO BE CONSULTED ON ACTING APPOINTMENTS LIKELY TO LEAD TO SUBSTANTIVE APPOINTMENTS TO THE MOST SENIOR POSTS: I.E. CHIEF SECRETARY, FINANCIAL SECRETARY, ATTORNEY GENERAL, CHIEF JUSTICE, HIGH COURT JUDGES AND COMMISSIONER OF POLICE. IN THE PAST, APPOINTMENTS TO THESE POSTS HAVE BEEN SUBSTANTIVE. WE DO NOT EXPECT ACTING APPOINTMENTS (APART FROM THOSE TO COVER LEAVE AND DUTY ABSENCES) BEING MADE TO THEM IN FUTURE. HOWEVER, THE CHIEF JUSTICE DOES APPOINT DEPUTY JUDGES OF THE HIGH COURT FROM TIME TO TIME. SOME OF THESE APPOINTMENTS ARE LIKELY TO LEAD TO APPOINTMENTS AS HIGH COURT JUDGES. I ASSUME YOU DO NOT WISH TO BE CONSULTED ON THESE.

2. WE ALSO HAVE NO PROBLEM WITH CONSULTING YOU ON THE LAW OFFICER (INTERNATIONAL LAW) POST, ALTHOUGH AGAIN WE HAVE NEVER APPOINTED ANYONE TO ACT IN THIS POST WITH A VIEW TO SUBSTANTIVE APPOINTMENT.

3. WE ARE, HOWEVER, STILL RELUCTANT TO SET A PRECEDENT BY INTRODUCING FORMAL CONSULTATION PROCEDURES FOR ALL APPOINTMENTS TO ACT IN SECRETARY POSTS. WE CAN ONLY WAIT AND SEE HOW THE CHINESE WILL REACT TO THE PRESENT ARRANGEMENTS. THEY MAY REQUIRE ACTING APPOINTMENTS TO BE REFERRED TO THEM, IN WHICH CASE THE CHIEF EXECUTIVE WILL UNDOUBTEDLY COMPLY. ON THE OTHER HAND, THEY MAY ACCEPT THE PRESENT ARRANGEMENTS AS PART OF THE SYSTEM TO BE MAINTAINED. EITHER WAY, WE DO NOT SEE IT AS GROUNDS FOR CONFLICT BETWEEN THE CHIEF EXECUTIVE AND THE CPG. IN ANY EVENT, WE WOULD NOT WISH TO ABANDON PREMATURELY THE PRACTICE OF MAKING LONG TERM ACTING APPOINTMENTS, WHICH HAS SERVED US WELL.

4. SINGLING OUT CERTAIN SECRETARY POSTS FOR CONSULTATION IS

DIFFICULT, BECAUSE APPOINTMENTS ARE MADE TO THE RANK OF GOVERNMENT SECRETARY AND NOT TO A PARTICULAR POST OF SECRETARY. WITH THE EXCEPTION OF THE SECRETARY FOR WORKS, POSTS OF SECRETARY

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