TNAG-2699-FCO40-3905-Hong-Kong-Civil-Service-appointments-and-promotions-1993 — Page 46

RESTRICTED

(d) Ministers take note of other minor changes we have

agreed with HKG.

3.

I submit a letter of instruction from the Secretary of

State to the Governor. Hong Kong Government and Legal

Advisers agree.

Background and Argument

Appointment of Public Officers in Hong Kong

4. The power to appoint public officers in the Hong Kong

Civil Service and members of the Judiciary in Hong Kong is.

vested in the Governor by Article XIV of the Letters Patent;

subject to any instructions given by the Secretary of State

under Article II. of the Letters Patent. The Colonial

Regulations, which apply to the administrations of all Dependent Territories, are such instructions.

Regulations apply to the public services.

610

7th

Many Colonial:

**

So w

5. Under: Calonial Regulation: 19% (CR19), the Secretary of State has the function of approving appointments to. "any office or grade: prescribed": by the Secretary of State. As list oftheroffices:andigradesrat present: prescribed in:

Hong Kong for the purposes of CR19 is at Annex B It: exceeds: 600 posts.. Of these we: submit to the Secretary of State on only a few top posts, dealing with the others; at.

Departmental level on his behalf The Secretary of State's approval is given directly only for the appointment of the Chief Secretary, the Financial Secretary, the Attorney General and the Chief Justice, which require Royal Assent.

Section 3(1) of the Audit Ordinance requires the Secretary.

of State to approve the appointment of the Director of

Audit: toas..

२.

•

BR

6. It now seems unnecessary, for. HMG to be involved in

appointments to: so many posts in the Hong Kong Government

NIKAAV/23

RESTRICTED.