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Following is the transcript (English portion) of a media session by the Secretary for the Civil Service, Miss Denise Yue, today (July 22) on the review of post-service outside work for directorate civil servants:
Reporter: You mentioned that the Advisory Committee will be given a more independent role and will be given more power. With the composition changed, may I ask you to elaborate on that? The second is the Arculli's committee and the LegCo committee gave recommendations last year, why did you take so long that you give us the decision today?
Secretary for the Civil Service: The CE-in-Council has decided to accept the two committees' recommendations relating to the Advisory Committee. Those recommendations related to both the composition and number of the members of the Advisory Committee. Currently, the Advisory Committee has a chairman and four members. Under the recommendations by the two committees, the membership of the Advisory Committee will be increased to nine and the members can be drawn from a wide cross-section of the community, including respective members of the business community; including past politicians, for example, ex-District Councillors, ex-Legislators; including representatives from the academia; and possibly including representatives from retired civil servants. So the representation will come from a much broader segment of the community. We believe it will enhance the representativeness of the Advisory Committee. Currently, the Advisory Committee is supported by the Civil Service Bureau. Although the Civil Service Bureau has approached this work in a total impartial and objective manner, nonetheless, we recognised that there is a potential perceived, potential conflict of interest issue. So we also accepted the two committees' recommendations that starting from September onwards, the Advisory Committee will be supported by an agency totally independent of the Civil Service Bureau.
You asked about the timing. The Select Committee published its report last December. The Review Committee of course published its report in July 2009. The two reports carried many recommendations which are of fundamental significance, not only to protecting the public interest, but fundamental significance to management of the civil service. And the fundamental human right is involved that being the right of individuals to pursue employment. This fundamental right is protected under the Basic Law as well as the International Covenant on Economic, Social and Cultural Rights. And we have to take adequate time to thoroughly discuss all the relevant issues. And this is why we have taken some time before we are in the position to announce the CE-in-Council's decision to you all.
Reporter: You mentioned the increasing transparency of civil servants seeking retirement and making the registers online. But can you elaborate more specifically how the Civil Service Bureau will strike a balance between protecting public interests and not affecting the morale of civil servants?
Secretary for the Civil Service: It is indeed a very fine balance. This is why it was after the most meticulous and careful consideration, the CE-in-Council has decided to accept most of the recommendations save for the ones relating to lengthening of the control period. This is a manifestation of how the appropriate balance should be struck between protecting public interests on the one hand and protecting an individual's rights to employment. It is an abstract subject and very difficult to explain in language how the abstract appropriate balance should be balanced. I believe the best way of explaining this is to advise you all that all the other recommendations that CE-in-Council has accepted, in our view, will help to strike an appropriate balance between protecting public interests and protecting an individual's rights to work. But in so far as the length of the control period is concerned, as many of you know, right now the control period varies from two to three years. If we were to compare the existing control period with similar arrangements practised in many overseas jurisdictions. Ours is one of the longest, if not the longest. I think other jurisdictions have also faced this particular issue, that is how to strike an appropriate balance between protecting their senior civil servants' rights to employment after leaving the government and protecting the public interests of their own countries. We believe while the duration of the control period is an important restriction, it is not the only restriction. The control regime consists of many other features. If we adhere and implement all these other features meticulously and thoroughly, we will be able to strike the appropriate balance and at the same time satisfy public concern expressed on this subject.
Reporter: Did you face enormous pressure from the civil service unions that the authority could extend the control period? Therefore, the Administration has decided not to extend the control period.
Secretary for the Civil Service: We have consulted relevant stakeholders and civil service unions are one of the stakeholders. Serving directorate civil servants and retired civil servants are also other groups of stakeholders. They have given me their views but I can say categorically that I have given the most careful consideration to all the views given to me on this subject. Views that support the two committees' recommendations as well as views that hold a different view from the two committees' recommendations. We have approached the subject from a basic premise. And that basic premise is how do we strike the most appropriate balance between protecting the public interests and protecting an individual's fundamental rights to work.
(Please also refer to the Chinese portion of the transcript.)
Ends/Friday, July 22, 2011
Issued at HKT 22:50
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