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| On the Regulatory Mechanism over the Employment of Hong Kong’s Directorate Civil Servants after Their Leaving Office |
| YAO Xiu-lan |
| Law School, Shenzhen University, Shenzhen, Guangdong, 518060 |
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Abstract Directorate civil servants are the key members of civil servants. They are in high positions of power, and their words and deeds have broader ramifications. Therefore, it is necessary to regulate their employment after their leaving office. Hong Kong established a regulatory mechanism earlier than Chinese mainland and has formed a mechanism of “employment upon approval”. The regulatory term and job restriction are applied in accordance with the salary level of the civil servants, and the relevant information is made public. Having been in operation for years, this mechanism helps to retain the credibility of Hong Kong’s civil servants and has obvious legal value. It is thus widely recognized by Hong Kong people. Chinese mainland, however, lacks a distinct and unified mechanism in this regard. As a consequence, the phenomena as officials going into business after leaving office and the option right realization of power are serious. Anti-corruption is a primary task for China today. In this case, it is of great practical significance to learn from Hong Kong’s regulatory mechanism over the employments of the directorate civil servants after their leaving office so as to perfect relevant systems in Chinese mainland.
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Received: 15 November 2016
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[1] 张文显.法理学（第三版）[M].北京：北京大学出版社,2007.293.
[2] 谭功荣.公务员制度比较研究[M].重庆：重庆出版社,2007.298.
[3] 香港首长级公务员离职就业检讨委员会.首长级公务员离职就业检讨委员会检讨报告（第5章）[DB/OL].首长级公务员离职就业检讨委员会网,http://www.dcspostservice-review.org.hk/tc_chi/consultation.html.2009-06.
[4] 香港公务员事务局.受公务员事务局通告第7/2011号规管机制所管制的首长级公务员获准停止职务后从事外间工作登记册[DB/OL].香港公务员事务局网,http://www.csb.gov.hk/cindex.html.2011-10.
[5] 康殷.香港政府定期公布离职高管再就业去向[N].南方都市报,2012-04-13.
[6] 黄卫平,谭功荣.公务员比较研究[M].北京：中央编译出版社,2002.254. |
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2017, Vol. 34 
