For discussion
on 5 June 1996
EC(96-97)16

ITEM FOR ESTABLISHMENT SUBCOMMITTEE
OF FINANCE COMMITTEE

HEAD 53 - GOVERNMENT SECRETARIAT:
HOME AFFAIRS BRANCH
Subhead 001 Salaries

Members are invited to recommend to Finance Committee the creation of the following permanent posts in the Home Affairs Branch -

1 Administrative Officer Staff Grade B1

(D4) ($126,100 - $129,950)

1 Administrative Officer Staff Grade C

(D2) ($95,550 - $101,450)

to be offset by the deletion of the following permanent

post -

1 Administrative Officer Staff Grade B

(D3) ($111,100 - $117,750)



PROBLEM

The existing directorate structure of the Home Affairs Branch (HAB) cannot cope with the increasing workload and complexity of its responsibilities.

PROPOSAL

2. The Secretary for Home Affairs (SHA) proposes to strengthen the directorate structure by -

(a) upgrading the post of Deputy Secretary for Home Affairs (1) (DSHA(1)) from Administrative Officer Staff Grade B (AOSGB) (D3) to Administrative Officer Staff Grade B1 (AOSGB1) (D4); and

(b) creating one permanent post of Administrative Officer Staff Grade C (AOSGC) (D2) as Principal Assistant Secretary for Home Affairs (7).

JUSTIFICATION

Upgrading of DSHA(1) Post

3. There are at present two Deputy Secretary posts in HAB, both at AOSGB level. The DSHA(1) post has responsibility for the programme area of rights of the individual. Since the establishment of Home Affairs Branch at the end of 1994, the volume and complexity of the work under this programme area has increased substantially.

4. First, the subject of equal opportunities has developed from a relatively narrow focus primarily on gender equality into a major policy subject addressing discrimination on a wide range of grounds that attracts intense public and political interest. We have just completed two major studies, including public consultation exercises, on discrimination on the grounds of family status and sexual orientation and we plan to conduct a further one on racial discrimination later this year.

5. Secondly, the subject of human rights reporting has altered dramatically in terms of the number of reports under processing, the detail of the reports and the scrutiny they are subjected to by the relevant UN Committees and in Hong Kong by non-governmental organisations and the Legislative Council. The continued application of human rights treaties in Hong Kong post 1997 also commands close scrutiny.

6. The rights of the individual programme area also includes policy responsibility for the Bill of Rights Ordinance (BORO), the status of which has become the subject of major public and political debate in recent months. The trend of increasing complexity and volume of work under the rights of the individual programme area will continue with the coming into full operation of the Equal Opportunities Commission and Privacy Commissioner's Office later this year. This will result in HAB performing a new and important role as the main point of contact between these two independent statutory authorities and the Government. HAB will be called upon to deal with policy and legislative issues arising from the operation of these two bodies. It will also handle their funding requirements as SHA is the controlling officer in each case.

7. In the light of the developments in the subjects under the direct responsibility of the DSHA(1) post outlined above, its ranking at AOSGB is no longer appropriate. Accordingly, we propose that the ranking of the post should be upgraded from AOSGB (D3) to AOSGB1 (D4).

8. The duties and responsibilities of the upgraded DSHA(1) post are at Enclosure 1.

Creation of AOSGC Post

9. Following the studies on discrimination on the grounds of family status and sexual orientation, we are due to conduct a study, including a public consultation exercise, on racial discrimination. This is the next stage in our programme to tackle discrimination issues. The new study is due to start after the current legislative session. Current resources at the Principal Assistant Secretary level under DSHA(1)'s purview are insufficient to absorb the additional workload of this new study and the follow-up action associated with the two studies on family status and sexual orientation that have already been completed. We propose to create a new Principal Assistant Secretary post to undertake this work.

10. The new post will be responsible for the follow-up work related to all three studies, including any necessary legislation, and related matters, such as co-ordination of Hong Kong's submissions for reports under the International Convention on the Elimination of all forms of Racial Discrimination (ICERD). In addition, the post will have general policy responsibility for discrimination issues, other than with respect to discrimination on the ground of gender, which is being handled by Principal Assistant Secretary for Home Affairs (3). It will be supported by an Assistant Secretary of AO rank. A list of the proposed duties and responsibilities of the new post which will be reviewed after two years, is at Enclosure 2.

11. HAB's existing organisation chart is at Enclosure 3. An organisation chart incorporating the proposals of this paper is at Enclosure 4.

FINANCIAL IMPLICATIONS

12. The additional notional annual salary cost at MID-POINT and the full annual average staff cost of the proposal, including salaries and staff on-costs, are -


Notional Annual
Salary Cost at
Mid-point
$

Full Annual
Average Staff
Cost
$

No. of
Posts


New permanent
posts

2,742,000

4,943,376

2

Less

Permanent post
deleted

1,372,800

2,441,148

1


1,369,200

2,502,228

1

13. In addition, this proposal will necessitate the creation of one Personal Secretary I, one Personal Secretary II and one Administrative Officer posts as well as the upgrading of one Personal Secretary I post to one Senior Personal Secretary post at an additional notional mid-point salary cost of $1,007,760 and an additional full annual average staff cost of $1,469,568. We have included sufficient provision in the 1996-97 Estimates to meet the cost of these proposals.

BACKGROUND INFORMATION

14. We re-organised the former City and New Territories Administration on 1 December 1994 to provide a clear separation of functions between a conventional policy branch (the existing Home Affairs Branch) and an executive department (the existing Home Affairs Department). Under the reorganisation, the Secretary for Home Affairs has two Deputy Secretaries for Home Affairs at Administrative Officer Staff Grade B and five Principal Assistant Secretaries for Home Affairs at Administrative Officer Staff Grade C to support him.

15. We created an additional post of Principal Assistant Secretary for Home Affairs for a period of 18 months with effect from 1 April 1996 to deal with work related to the co-ordination of the handover ceremony and ancillary events.

CIVIL SERVICE BRANCH COMMENTS

16. The Civil Service Branch considers that the ranking and grading of the proposed new posts appropriate having regard to their duties and level of responsibilities.

RECOMMENDATION OF THE STANDING COMMITTEE ON DIRECTORATE SALARIES AND CONDITIONS OF SERVICE

17. The Standing Committee on Directorate Salaries and Conditions of Service has advised that the grading proposed for the permanent posts would be appropriate if the posts were to be created.

Home Affairs Branch

May 1996

(E4657/WIN77)


Enclosure 1 to EC(96-97)16

Home Affairs Branch

Post : Deputy Secretary for Home Affairs (1)

Rank : Administrative Officer Staff Grade B1

Responsible to : Secretary for Home Affairs

Duties and Responsibilities

1. Human Rights issues and related United Nation treaties

2. Equal opportunities and anti-discrimination

3. Civic education

4. Social and family laws including, inter alia, matrimonial laws, maintenance and rights of illegitimate children

5. Succession and inheritance

6. Information policies including freedom of information and press freedom etc.

7. Data protection

8. Women matters

9. Youth development

10. Housekeeping of the Information Services Department

11. Administration of Trust Funds, Chinese temples and Chinese permanent cemeteries

12. Resource Management and Housekeeping of the Home Affairs Branch


Enclosure 2 to EC(96-97)16

Home Affairs Branch

Post : Principal Assistant Secretary for Home Affairs (7)

Rank : Administrative Officer Staff Grade C

Responsible to : Deputy Secretary for Home Affairs (1)

Duties and Responsibilities

1. To be responsible for the follow-up action on the studies on discrimination with respect to family status and sexual orientation.

2. To be responsible for the study on racial discrimination and necessary follow-up action.

3. To coordinate the implementation of the International Convention on Elimination of All Forms of Racial Discrimination, including Hong Kong's contribution to the periodic reports under the Convention.

4. To undertake general responsibility for issues relating to discrimination other than gender discrimination.


Enclosure 3 to EC(96-97)16

Home Affairs Branch Existing Organisation Chart
Warning : The Chart is quite large and may take some time to load.


Enclosure 4 to EC(96-97)16

Proposed Organisation Chart of Home Affairs Branch
Warning : The Chart is quite large and may take some time to load.


Last Updated on 3 December 1998