§ Mr. Parryasked the Lord Privy Seal what action he plans to take following the decision of the Supreme Court in Hong Kong concerning the suspension of 26 dispensers without pay.
§ Mr. HurdNo action is required as the court recognised the right of the Hong Kong Government to suspend civil servants. However, the dispensers have since lodged an appeal which is scheduled to be heard on 30 October.
§ Mr. Parryasked the Lord Privy Seal if he will list in the Official Report Civil 383W Service regulation 611 and the Letters Patent under which 320 health inspectors in Hong Kong were suspended without pay.
§ Mr. HurdThe relevant extracts are as follows:
Civil Service regulation 611: Suspension from duty without pay
An officer who, in connection with a trade dispute, refuses or omits to perform for any period any or any part of the usual duties of his office, may be suspended from duty by the Secretary for the Civil Service and shall not be eligible to receive salary or any allowances other than those covered by Chapter V of Civil Service Regulations in respect of the period for which He remains suspended. During the period of suspension, the officer will be deemed to be on leave without pay for all purposes other than for allowances covered by Chapter V of Civil Service Regulations.Letters Patent: Article XVI
Subject to the provisions of Article XVIA, the Governor may, subject to such instructions as may from time to time be given to him by Us through one of Our Principal Secretaries of State, upon sufficient cause to him appearing, dismiss or suspend from the exercise of his office any person holding any public office within the Colony, or, subject as aforesaid, may take such other disciplinary action as may seem to him desirable.(Article XVIA covers the tenure of office of Supreme Court and district judges.)
§ Mr. Parryasked the Lord Privy Seal how many times health inspectors in Hong Kong have worked to rule or began sit-in action over the past year; and what action was taken by the Government.
§ Mr. HurdOn two occasions in the past year, health inspectors have taken industrial action. In November 1979, the action was called off after six days following successful conciliation by management. The second period of action lasted three weeks in June and July. Following two meetings with the union representatives concerned, management was unable to persuade the health inspectors to resume duty. After giving due warning to the staff involved, the Government suspended from duty without pay 314 health inspectors. Two days later, the union held an extraordinary general meeting and called off its industrial action.