LCQ9: Termination of the employment agreements of principal officials
13.5.2020

Following is a question by the Hon Jeremy Tam, and a written reply by the Secretary for Constitutional and Mainland Affairs, Mr Erick Tsang Kwok-wai, in the Legislative Council today (May 13): Question: According to a government paper entitled "Procedures for appointment and removal of principal officials under the accountability system" in 2003, the Government may, subject to the relevant provisions in the Basic Law, terminate the employment of a principal official under the Accountability System (now called a "political appointee") at any time by giving the principal official one month's written notice or by paying that official an amount equal to one month's salary in lieu of such notice (payment in lieu of notice). On the other hand, the Government and the official concerned may resolve the employment agreement by mutual agreement. On April 22 this year, the State Council approved the removal of five officials from the following posts: the Secretary for Home Affairs, the Secretary for the Civil Service (SCS), the Secretary for Innovation and Technology, the Secretary for Financial Services and the Treasury, and the Secretary for Constitutional and Mainland Affairs (SCMA), as well as approved the appointment of the person who had just been removed from the office of SCMA as SCS. Regarding the termination of the employment agreements of these officials, will the Government inform this Council: (1) whether the four aforesaid officials who left the Government had been dismissed by the Government with immediate effect by way of giving them payments in lieu of notice, or they had resolved their employment agreements after reaching an agreement with the Government; if the former is the case, of the total amount of such payments in lieu of notice; if the latter is the case, whether the Government additionally paid them any amount of money or gave them any non-monetary benefits (if so, of the amount or the details of the non-monetary benefits received by each of them, as well as the contents of the agreements concerned); and (2) whether the said change of appointment from SCMA to SCS involved the termination of the original employment agreement; if so, whether the Government gave him a payment in lieu of notice (if so, of the amount) or additionally paid him any amount of money or gave him non-monetary benefits (if so, of the amount or the details of the non-monetary benefits concerned, as well as the content of the agreement)? Reply: President, The Government's reply to the question raised by Hon Jeremy Tam is as follows: Pursuant to Article 48(5) of the Basic Law, the Chief Executive may nominate and report to the Central People's Government (CPG) for appointment of principal officials, and recommend the removal of principal officials. Under the political appointment system, the employment agreement of principal official stipulates various terms of employment, including provisions relating to the departure of the official. These departure-related provisions stipulate that a principal official may resign from his office by giving to the Government of the Hong Kong Special Administrative Region (HKSARG) one month's prior written notice or by paying the HKSARG an amount equal to one month's salary in lieu of such notice. The HKSARG may also terminate the employment of a principal official at any time by giving the principal official one month's prior written notice or by paying the principal official an amount equal to one month's salary in lieu of such notice. In addition, the government and a principal official may resolve the employment agreement at any time by mutual agreement. After the CPG has approved the appointment, the HKSARG will enter into an employment agreement with the principal official. After the CPG has agreed to remove the principal official, the HKSARG will terminate the employment in accordance with the provisions of the employment agreement. The appointment and removal of all principal officials must be conducted in accordance with the Basic Law, and must also comply with the terms of employment agreement. Since the relevant arrangements involve employment of public officers and personal privacy, the HKSARG will not disclose the details.