Conundrum for government as civil servants take a stand
- It is up to the Civil Service Bureau and the government to clarify the existing rules and how they might be reconciled with civil servants’ constitutional rights
- Hong Kong is a better place for having had a neutral and professional civil service that gives impartial advice to the government of the day
Unprecedented social unrest has embroiled a central precept of the city’s governance. Neutrality and loyalty to the government of the day are fundamental principles of the relationship between the civil service and the executive. At the same time, however, the Basic Law protects the right of all citizens to join public assembly, without exceptions. When civil servants exercise their right of assembly as individuals to join a rally that is critical of the government, as they did on Friday night, how are these two principles to be reconciled?
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Civil service neutrality is a widely accepted principle of governance. As governments and policies and legislative priorities change, the civil service does not. It remains responsible for advising on changes to policies it may have helped develop.
All this raises the question of Monday’s wider proposed strike, in which public servants are expected to participate. The difference this time is that it will be within normal working hours. That poses a more clearly defined issue of neutrality and loyalty for the government.
In what capacity can they join the strike? Cheung has made confusing comments that civil servants can take part in rallies as private citizens so long as they don’t do things at odds with the government’s position. Will it make any difference if civil servants take the day off duty to take part in the action?
An organiser of Friday’s rally denied that it had compromised civil servants’ professionalism. It is up to the Civil Service Bureau and the government to clarify the existing rules and how they might be reconciled with civil servants’ constitutional rights, rather than talking about taking serious action over any violation of the principle of political neutrality. In any case, complex bureaucratic procedures make serious disciplinary action against a civil servant time-consuming and problematic.
Hong Kong is a better place for having had a neutral and professional civil service that gives impartial advice to the government of the day. Amid the escalating US-China trade war and an uncertain external environment, it needs it more than ever if it is to confidently meet the challenges that lie ahead.
