Dear Colleagues,

Principal Officials Accountability System

In my earlier letter of 17 April 2002, I have highlighted that the Chief Executive had, when addressing the Legislative Council on 17 April 2002, emphasised the importance of maintaining, under the Accountability System, a permanent, meritocratic, professional, politically neutral and honest civil service.  These, he had stressed, were qualities which he and the principal officials under the future Accountability System would preserve because they were essential to the good governance of the HKSAR.

To underline the importance we attach to this subject, we have presented two papers entitled "Preserving the Integrity and Probity of the Civil Service" and "Circular setting out the Working Relationship between Civil Servants and Principal Officials" to the Subcommittee set up by the Legislative Council to study the Accountability System and related issues.  In these two papers, we have elaborated on what arrangements will be in place to maintain the integrity of the civil service under the Accountability System.  Copies of these papers can be downloaded from the CSB website (http://www.csb.gov.hk) by clicking "Information and News" on the menu bar and then "Legislative Council Business".  The main points made in these papers are summarised below :

(a) Core Values of the Civil Service

Under the Accountability System, civil servants will continue as before to discharge their duties in accordance with the law, be honest and impartial in all dealings, be accountable and open in decision-making and actions, be politically neutral and dedicated in serving the community.

(b) Code of Practice for Principal Officials

As the top echelon of the Government, the new principal officials are expected to lead and contribute towards the building up of an efficient, professional, fair, clean and honest civil service.  They will be required to abide by a Code drawn up to govern the conduct of the politically appointed principal officials.  Specifically, the Code will cover :

* the duty of principal officials to uphold and promote the core values of the civil service and not to require civil servants to act in an improper manner;

* the duty of principal officials to give fair consideration and due weight to honest and impartial advice from civil servants;

* the role of the Secretary for the Civil Service (SCS) who, as a principal official, will be responsible to the Chief Executive for managing the civil service, including safeguarding the integrity and impartiality of the civil service;

* provisions which stress that civil servants will continue to be appointed, managed and promoted in accordance with the prevailing rules applicable to the civil service; and be subject to the prevailing disciplinary mechanism, under which allegations of misconduct are determined through an impartial process based on consideration of factual evidence;

* the independent role of the Public Service Commission in advising the Government on the appointment, promotion and discipline of civil servants; and

* the duty of principal officials to cooperate fully with the SCS in following up complaints of civil servants being asked to act in a manner which conflicts with their role as civil servants or with the core values of the civil service.

(c) Civil Service Circular

In parallel, we shall issue a composite Civil Service Circular to ensure that all colleagues in the civil service clearly understand their role and responsibilities in relation to the new principal officials.  This circular will set out the framework within which civil servants are to work to the principal officials.  In particular, it will enunciate the core values and high standard of probity that civil servants are expected to uphold in discharging their official duties, including the following :

* that civil servants must be dedicated to their duties and be responsible to the HKSARG headed by the Chief Executive of the day;

* that civil servants must maintain political neutrality, give detailed and honest advice on policy options to the principal officials and implement faithfully the decision once it is made; and

* that civil servants are duty bound to report any corrupt or criminal acts which they come across in discharging their duties.

(d) Appeal Procedures

The importance of promoting a culture of open communication within government organisations so that issues and concerns could be readily dealt with in the normal interaction between the principal officials and the civil servants working to them will also be highlighted in the circular.  In addition it will set out the procedures for managing situations where a civil servant believes that he is being asked to act in a manner which is either illegal, improper, in conflict with the core values of the civil service, or in breach of any Government Regulation; which may involve maladministration; or which conflicts with his role as a civil servant or with the principle of political neutrality.  Where the direction is made by a principal official other than the SCS, the matter will be brought to the personal attention of the SCS for appropriate action.  If the complaint is against a direction made by the SCS, the case should be put to the Chief Executive's Office direct.

I understand a number of civil service unions have expressed concern over the role of the SCS under the Accountability System.  Let me reiterate that the primary responsibility of the post holder is to uphold the core values of the civil service.  I am confident that this taken together with the above additional measures (of principal officials abiding by a Code and the issue of a composite circular stating clearly the working relationship between principal officials and civil servants) will work towards maintaining the professionalism, integrity and neutrality of the civil service.

On 30 May 2002, the Legislative Council passed a motion in support of the Accountability System for Principal Officials.  The Government will seek the approval from the Establishment Subcommittee and the Finance Committee of the Legislative Council for the creation of new posts and the funding required.  I shall keep you informed of further thoughts in due course.

 Yours sincerely,

(Joseph W P Wong)
Secretary for the Civil Service