Chameleons are fascinating creatures, able to change their color so as to blend in with their surroundings, enabling them to function safely. In the same vein, civil servants have often been asked to be political chameleons. Indeed, they are not called civil servants for nothing: Their role is to serve the government of the day to the best of their professional ability without any obvious prejudice, favor or bias. A civil servant is duty-bound to carry out the policy decisions of the government in power with equal determination and professionalism.
While a civil servant is obviously also a private citizen with personal views and biases, the very nature of their job demands the overriding of those private feelings in the performance of their official duties. All over the world, it is recognized that being a civil servant brings with it certain restrictions that their fellow citizens in private employment do not have. The limitations, generally linked to the affairs of political parties, are simply part and parcel of their civil servant employment conditions to ensure stability of government through consistency of public services. One can always choose employment outside of the civil service if these limitations are deemed too onerous. In this modern day and age, the ways in which political affiliation can be expressed have also, ipso facto, led to changes in these limitations; one can now not only express political views through demonstrations or party memberships or written opinion pieces, but most notably through social media. It naturally follows that these social media activities will also carry limitations with them for civil servants.
Hong Kong enjoys a civil service renowned for its professionalism. It is therefore of paramount importance that this is maintained through the maintenance of the force’s political neutrality. The pledge of loyalty to the HKSAR government, and the Basic Law, which significantly highlights the prima facie evidence that HKSAR is an inseparable part of China, ensures that the political chameleon can continue to flourish
It is in the public interest not only that these limitations are understood and respected, but that through them the public infrastructure continues to function smoothly, that the state apparatus remains a running well-oiled machine notwithstanding any changes in the direction of the political winds. An ambassador remains the representative of his or her country the day after a change of their country’s leadership. Schoolteachers will continue to teach children the same lessons regardless of changes at the top of government.
The current United States president has spent much time claiming that most of the key civil servants were somehow affiliated to his predecessor, implying disloyalty to his administration and their being part of a “deep state”. These claims are not only demonstrably false and absurd, but they are expressly dangerous as they sow the seeds of doubt regarding political neutrality of the civil service. If one begins to believe that a judge, or a teacher, or the official issuing driving licenses will act differently toward you or your children because of political bias, then the trust in the whole civil service and government infrastructure begins to crumble. All public institutions need to be seen to be above politics to maintain trust and stability.
The current discussions in Hong Kong regarding the civil service are sometimes misleading. The employment contracts of civil servants in Hong Kong now include a “loyalty clause” in which they pledge their allegiance to the Basic Law and the Hong Kong Special Administrative Region government. This is no different from the current practice in most jurisdictions. Civil servants all over the world pledge loyalty to whichever government is in charge, as well as to their country, King or Queen or constitution as the case may be. Some commentators seem not to have fully understood that the pledge of loyalty is in fact to the institution of government and to the law, and not to any specific individual person or political party holding the reins of power. The pledge merely indicates that the decisions of the government will be fully carried out as long as they are in accordance with the Basic Law.
The other mischaracterization is that this pledge of loyalty means that civil servants are no longer asked to be politically neutral, but rather must now support one side of the political spectrum. Once again, the concept of political neutrality is confused with allegiance to the highest laws of the territory, and to faithfully serve the institution of government. The pledge of loyalty ensures that civil servants must be able to serve any government whatever its political color.
Hong Kong enjoys a civil service renowned for its professionalism. It is therefore of paramount importance that this is maintained through the maintenance of the force’s political neutrality. The pledge of loyalty to the HKSAR government, and the Basic Law, which significantly highlights the prima facie evidence that HKSAR is an inseparable part of China, ensures that the political chameleon can continue to flourish.
The author is a specialist in International Public Law, an adviser on China-related matters to both the private and public sectors. He has lived in HK for over 18 years and is passionate about promoting the place which he now calls home.
The views do not necessarily reflect those of China Daily.
