A proposed amendment to the code of conduct for Hong Kong’s civil servants may lead to more government employees deleting their social media accounts to avoid running afoul of the rules, unionists and public-sector workers have warned.
Under the revisions unveiled on Wednesday, civil servants would face disciplinary action if they openly criticised government policy in an official capacity or even while speaking as ordinary residents in some circumstances, according to the Civil Service Bureau. But the new code also stipulated that staff express different views in internal discussions to ensure they were comprehensive.
“There were colleagues who deleted their Facebook pages after the political storm in 2019, [and] of course they did this to protect themselves,” said Hong Kong Federation of Civil Service Unions CEO Leung Chau-ting. “I can’t rule out that there will be more people deleting their social media page after this change.”
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A government source told the Post the workers would be deemed in violation of the code if they expressed anti-government views on social media or attended protests targeting authorities, even if they included disclaimers they were acting as ordinary residents.
Leung said the change served as a reminder to the city’s 180,000 civil servants, as authorities had clearly spelled out what types of behaviours would be allowed. But he argued it was difficult to separate one’s personal and official capacities, as the public would identify a civil servant as a government worker if they knew the person was one.
“In this situation, they are reminding civil servant colleagues to best be careful when you say things,” he said.
One civil servant who did not wish to be identified described the proposed changes as the government employee equivalent of the Article 23 legislation required by the Basic Law.
The article mandates that Hong Kong enact its own laws prohibiting treason, secession, sedition and subversion against the central government, among other acts. It will sit alongside the national security law that Beijing imposed in 2020.
“It is very stringent,” the worker said. “They are saying there is room for expression where there actually isn’t. I have actually used social media a lot less. I would also be much more careful when I like things online.
“Some colleagues are thinking of deleting their Facebook accounts.”
Another senior civil servant said the changes were expected, adding she believed that authorities were making the rules clear for everyone.
“Even if they had not changed the code of conduct, everyone knows in their heart that they cannot express any negative opinions towards policymaking,” she said.
She added that she had been careful on social media ever since a colleague was reported and investigated for publicly taking a political stance in 2019 when the city was gripped by anti-government protests. But she had no immediate plans to delete her social media pages yet.
“I would be concerned about whether someone would snitch on me,” she said. “If you don’t pick your audience well and you have made political statements before, you need to be aware if there is a record that could be found.”
Proposed new rules bar Hong Kong’s civil servants from criticising policies
But a government source said the amended code of conduct was not intended to discourage civil servants from expressing views, rather it was to urge government workers to exercise discretion in every public action they took.
While deciding whether to join a rally for instance, civil servants should consider the event itself, if it was peaceful and rational, if its purpose went against the government and the identity of the organiser, the insider said.
But civil servants’ unions would not be considered as violating the code if they organised activities to protest government policy on staff remuneration, benefits or occupational health and safety matters, the source added.
Still, civil service workers were not advised to take part in such events as doing so could raise doubts about the government’s stance, the source explained.
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When asked whether a civil servant could openly criticise the government if his or her own interests were undermined by a certain policy or action, the source said the city had provided residents with many ways to legally protect themselves.
“But staging a sit-in in front of the central government offices might not be a good idea,” the insider added.
John Burns, an honorary professor at the department of politics and public administration at the University of Hong Kong, said that when considering their future social media posts or private activities, civil servants needed to also weigh regulations.
“The civil service regulations prohibit civil servants from expressing any views of a political or administrative nature without the approval of their superior,” Burns said.
“This is very vague but, theoretically, a huge restriction on free speech as far as civil servants are concerned, but that’s been in the regulations for decades.”
Burns said he believed the code was to be amended because of the 2019 anti-government protests and cited a demonstration where “20,000 or 30,000” civil servants gathered in Central.
“That explains a need for an oath of loyalty [and] for re-emphasising the code,” he said.
Burns elaborated that civil servants were not just employees of the government but agents of the public too.
The government source said the administration had taken reference from the civil service codes of Australia, New Zealand and Ireland when deciding on the revisions.
The Australian Public Service Commission states federal employees’ “responsibilities limit their ability to participate fully in public discussions, including on social media”.
It also states that criticising the work of an employee’s agency is a breach of the civil service code.
New Zealand’s guiding principles of its code of conduct for public service employees also covers private activities.
“The department has a legitimate interest where the private activities of a public servant reflect to the discredit of the department or the public service in its relationships with the government or the public, and/or possibly call the public servant’s fitness for continued employment into question,” it states.
The United Kingdom’s code states civil servants should maintain political impartiality “no matter what your own political beliefs are”.
It also says they must “comply with any restrictions that have been laid down on your political activities”.
Additional reporting by Edith Lin
More from South China Morning Post:
- Hong Kong’s 180,000 civil servants will run afoul of proposed code if they criticise official policies – even as ordinary residents in certain situations
- Hong Kong civil service chief urges more government departments to recruit staff all-year round to help tackle brain drain
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