CONFIDENTIAL
MDHI
153476
2520 Į
{.
(C)
(D)
(E)
THE EXISTING CLAUSE (I) WOULD THEN BECOME CLAUSE (II).
ADD AS A NEW PARAGRAPH 2(F) ''IN THE CASE OF A REGISTRAR AND DEPUTY REGISTRAR OF THE SUPREME COURT, TO WHOM THE PENSION BENEFITS (JUDICIAL OFFICERS) ORDINANCE CAP 401 APPLIES, 65'',
WE BELIEVE THAT PARAGRAPH 4(B) SHOULD REFER TO ''HER MAJESTY'S OVERSEAS JUDICIAL SERVICE (HMOJS).
PARAGRAPH 6(III) WILL CAUSE DIFFICULTIES OF DEFINITION
AND ILL FEELING DURING CONSULTATIONS. OFFICERS ON PRE- RETIREMENT LEAVE ARE ON THE PERMANENT AND PENSIONABLE ESTABLISHMENT UNTIL THEY FORMALLY RETIRE AT THE END OF THEIR LEAVE. THEY RECEIVE ANY SALARY ADJUSTMENTS
DUE TO SERVING OFFICERS DURING THE PERIOD OF THEIR LEAVE. THEY SHOULD BE TREATED NO DIFFERENTLY FROM
OFFICERS ON ACTIVE SERVICE. AS WRITTEN THIS CLAUSE WILL
BE SEEN AS A DELIBERATE ATTEMPT TO DENY OFFICERS WHO ARE ELIGIBLE TO RETIRE ANYWAY, THE OPPORTUNITY TO DO SO WITH A SMALL MEASURE OF COMPENSATION AT THE TIME THAT
THEIR HMOCS STATUS COMES TO AN END.
LOCALISATION
3
LOCALISATION IS A SENSITIVE ISSUE IN THE CIVIL SERVICE AND WE NEED TO TREAD CAREFULLY. RADICAL LOCALISATION PROGRAMMES WERE SOMETIMES NECESSARY ELSEWHERE BECAUSE MANY POSTS WERE FILLED BY EXPATRIATES UP TO A YEAR OR LESS BEFORE INDEPENDENCE. THIS IS NOT
THE SITUATION IN HONG KONG. OUR LONG-STANDING LOCALISATION POLICY, WHEREBY PREFERENCE IS GIVEN TO LOCALS ON FIRST APPOINTMENT, HAS PAID OFF.
WE WOULD THEREFORE PROPOSE A SLIGHTLY RECAST LINE AS FOLLOWS:
4.
TI THE HONG KONG GOVERNMENT HAVE INFORMED US THAT THEIR LOCALISATION POLICY OPERATES AT THE FIRST RECRUITMENT STAGE AND
ON RENEWAL OF CONTRACT. PREFERENCE IS GIVEN TO SUITABLE LOCAL CANDIDATES ON FIRST APPOINTMENT AND IN THE CASE OF OVERSEAS CONTRACT OFFICERS SEEKING RENEWAL OF AGREEMENT. ALL PROMOTION IS ON MERIT. THERE ARE PROVISIONS UNDER THE HONG KONG GOVERNMENT'S
LIMITED COMPENSATION SCHEME FOR THE COMPENSATION AND/OR RETIREMENT OF OVERSEAS PERMANENT AND PENSIONABLE OFFICERS FOR
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CONFIDENTIAL