23 December 1991
Richard Hoare Esq
PS/GH Hong Kong
Jea
Rebord.
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p.n.
Вай Law.
CC 012/3
08 JAN 19
DESK O
HONG KONG: CHINESE BOOK ON THE BASIC LAW
1.
تعليم
her veen
Foreign & Commonwealth
Office
London SW1A 2AH
Rod Wye in RAD has been working on a translation of a book in Chinese entitled "One Country Two Systems and Hong- Kong's Legal System" edited by Wang Xiao-Yun. We will circulate copies of the full translation when he has completed it.
2.
Rod has recently completed work on chapter 10, which includes a discussion of the public service. This throws up a number of points of interest:
- an indication that the Chinese have still not decided
whether "public servants" in BL 99 should include judges and LegCo members. Our Legal Adviser considers that they are not included, but if they are, then the Chinese may be able to argue that judges must have permanent resident status;
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- a reminder that the BL opened the possibility, of (Chinese
national) public servants "below a certain rank as prescribed by law" being non-residents, eg mainland imports;
:
- a suggestion that after 1997 foreign nationals at present in public service will lose the "privileges" they enjoy compared with locals, eg salary and benefits such as housing. In fact the BL and JD provide for removal of "any provisions for privileged treatment of foreign nationals"* in certain areas such as recruitment and promotion (BL 103/ JD 78), but existing public servants should retain "pay, allowances, benefits and conditions of service no less favourable than before" (BL 100/JD 72).
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The first point above is obviously relevant to the possibility of appointing eminent overseas judges as Hong Kong judges for the purpose of serving on the Court of Final Appeal. I have long been concerned that the Chinese will try to close this loophole as part of drafting the CFA legislation, particularly since its existence has been trumpetted eg in the SCMP.
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