TNAG-2520-FCO40-3678-Future-of-Hong-Kong-Sino-British-Joint-Liaison-Group-sub-gro-1992 — Page 4

- 2

(3)

Right of Civil Servants to Stand for Political Office

We consider that the requirement for civil servants to resign before they stand for election is necessary for maintaining the political neutrality of the civil service and ensuring the separation of legislative and executive powers.

To allow civil servants to stand for election while retaining their civil servant status may give rise to possible conflict of interest and erode the public's confidence in the Government's ability to function without bias or This potential conflict of interest may

prejudice.

also arise in the case of junior civil servants.

(4) Right of Civil Servants to Bargain Collectively (ILO

Convention 151)

public

employees'

consultation".

The preferred and well-established system in Hong Kong for negotiation of terms of conditions of employment between the public authorities and the

organizations

is "joint The Hong Kong Government has taken measures to promote and encourage the development of a machinery for consultation and voluntary negotiation in determining the terms and conditions of employment of civil servants. Collective bargaining, on the other hand, is not а

suitable model since the trade union movement in the public sector is characterized by a large number of unions/staff associations (about 200 in total), with different and sometimes conflicting interests. The establishment of a single viewpoint is a prerequisite for collective bargaining. It is a formidable, if not

task in Hong Kong's circumstances.

impossible

Regarding the appointment system of Senior Civil Service Council (SCSC), the Standing Commission on Civil Service Salaries and Conditions of Service (the Standing Commission), which is an independent body, conducted a review on the system in 1988. The Standing Commission

of the view that "the formulation of an acceptable franchise system would ... present even more problems than would the devising of an appropriate new representation", e.g. whether each union is entitled to

one vote or the number of votes should be based on membership. Moreover, an electoral system would lead to politicization of the civil service as each association canvasses

structure of

for votes,

and the