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Following are the remarks (English portion) made by the Secretary for the Civil Service, Miss Denise Yue, at a media session today (July 22) on the review of post-service outside work for directorate civil servants:
The independent Committee on Review of Post-service Outside Work for Directorate Civil Servants (the Review Committee) appointed by the Chief Executive (CE) and the Legislative Council Select Committee to Inquire into Matters Relating to the Post-service Work of Mr Leung Chin-man (the Select Committee) published their reports in July 2009 and December 2010 respectively, setting out many recommendations on the existing policy and arrangements governing the post-service work of directorate civil servants.
After publication of the reports, we consulted stakeholders (including the Advisory Committee on Post-service Employment of Civil Servants, the Public Service Commission, directorate civil servants and staff sides of the central staff consultative councils, etc.); and obtained legal advice on a number of key issues such as human rights and privacy.
From a legal point of view, an individual's right to work is a fundamental right guaranteed by the Basic Law and the International Covenant on Economic, Social and Cultural Rights. While it is not an absolute right, any restrictions placed upon it must be supported by strong and specific justifications and must be no more than necessary to achieve the objective intended by the control regime. Otherwise, the Administration may be vulnerable to legal challenge.
Apart from thoroughly considering the recommendations of the two Committees, the views of stakeholders and legal advice, the Administration has also deliberated carefully on the following relevant policy issues, including:
First: how to protect the public interest, including maintaining public trust in the Government, good governance, and integrity and impartiality of the civil service;
Second: how to regulate the post-service employment of directorate civil servants in a more stringent and transparent manner;
Third: how to achieve more effective control without at the same time unduly restricting directorate civil servants' right to pursue employment after ceasing government service, discouraging the use of limited human resources for the sustained development of Hong Kong, affecting civil service recruitment and retention, or undermining the morale of the civil service.
After detailed deliberation, the CE-in-Council has decided to accept the vast majority of the two Committees' recommendations.
Regarding the policy objectives and vetting criteria, we will include public suspicion of "deferred reward" in the policy objectives and vetting criteria, so that applicants will have a clearer understanding of the criteria adopted by the decision authority in assessing each application. We will make clear that in vetting each application, protection of the public interest will override protection of an individual's right where there is compelling reason to justify so doing in a particular case.
Regarding the application and assessment procedures, we will require an applicant to disclose his material contacts and dealings with the prospective employer and its parent or related companies during his last three or six years of government service. We will also draw up guidelines for bureaux and departments, with a view to providing a set of uniform and stringent standards for processing all applications.
Regarding the Advisory Committee on Post-service Employment of Civil Servants, we will enhance its independence. It will be supported by the Joint Secretariat for the Advisory Bodies on Civil Service and Judicial Salaries and Conditions of Service, which is independent of the Civil Service Bureau. Its membership will also be expanded. It will convene meetings to discuss applications on a need basis. In the last three years, it has held a total of 14 meetings to consider and advise on 32 applications.
Regarding dissemination of information, we will increase transparency. We will expand the coverage of the register recording approved and taken-up post-service outside work by all directorate civil servants subject to the control regime. The register will continue to be available for public inspection. In addition, it will be uploaded onto the Government website.
We will also strengthen monitoring by requiring an applicant to provide the authority with a copy of the employment agreement relating to the approved outside work. The authority will directly inform the applicant's employer of the work restrictions imposed on the applicant and of the requirement for the applicant to obtain prior approval from the decision authority if there is any material change to his work.
We believe upholding a high ethical standard is a core value of the civil service, and no control regime can or should substitute for it. We will, through various means, continue to enhance the integrity of the civil service. We will remind civil servants of the need to avoid conflicts of interest when considering what post-service outside work to take up.
The CE-in-Council has accepted the Review Committee's recommendation to discontinue the pension suspension arrangement for pensioners (including former directorate and non-directorate civil servants) while in employment with the 16 gazetted subvented organisations. It has also decided to discontinue the pension suspension arrangement for pensioners (including former directorate and non-directorate civil servants) who have reached the normal or prescribed retirement ages specified in the pension legislations and are re-employed by the Government.
The only recommendations that the CE-in-Council has decided not to accept are those related to the lengthening of the control period for Directorate Pay Scale D4 to D8 civil servants. The existing control period is already one of the longest among the regimes in the jurisdictions studied by the Review Committee. We are clearly aware of the public concern over post-service outside work by directorate civil servants. At the same time, we also need to give due regard to policy, legal and other relevant considerations. We have to strike an appropriate balance between public interest and an individual's right to work, to ensure that any restriction imposed is no more than necessary to achieve the objective of the control regime, and that such restriction can withstand legal challenges. We have to bear in mind that an overly stringent control regime would affect the morale of civil servants, undermine the attractiveness of the civil service for quality individuals, engender recruitment and retention problems, and restrict the productive use of limited human resources in our society.
The CE-in-Council's decision will take effect on September 1, 2011.
(Please also refer to the Chinese portion of the remarks.)
Ends/Friday, July 22, 2011
Issued at HKT 16:56
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