Agreed
Reference
HKA 233/5
53
118712
'
I support this recommendation. We do not have Mr Whitney KMOCS
Hmoxs purposes, Mr Ricketts
A
but it is clear that there Thies are expatriates,
JUDGES ALREADY IN HONG KONG AT THE TIME
definition of expatriate for
kolic
HMOCS APPLICATIONS:
OF RECRUITMENT
1.
Among the outstanding HMOCS applications are four from members of the judiciary who were in Hong Kong at the time of their recruitment. After investigation into their backgrounds and discussion with Mr Fifoot I think that we should accept their applications and would be grateful for your approval.
2. The four candidates are as follows:-
Henry Brazier, Magistrate, recruited in 1989
Employed in Hong Kong Solicitors firms from 1981-83 and 1986-89
Kevin Ball, Magistrate, first recruited in 1986 Employed in Hong Kong Solicitors firms from 1983-86
Stephen Geiser, Magistrate, first recruited in 1981 Employed in Hong Kong Solicitors firms from 1977-81
Michael Jenkins, Principal Magistrate, recruited in 1985 Employed in Hong Kong Solicitors firms from 1974-85
3.
These officers meet all the criteria laid down in the Special Regulations for membership of HMOCS. Although they were all recruited locally, the Hong Kong Government Office in London was still the normal channel of recruitment to the post of magistrate. The only problem with their applications is whether they can be considered expatriate officers. The definition of an expatriate officer under the current certification rules for SPOS is someone who did not live in Hong Kong or the neighbouring territories at the time of their appointment; or lived in the area for less than three years prior to their appointment; or lived in the area for more than three years prior to their appointment but did so whilst on terms which included paid passages outside the area. Under these criteria Messrs Jenkins, Ball and Geiser could not be considered expatriates. Mr Brazier would be considered an expatriate as he did not live in Hong Kong for three continuous years before his appointment.
4. However, Mr Fifoot has advised us against applying the SPOS certification rules to HMOCS applications because the Special Regulations are objective as to who is an expatriate officer. He is also concerned that we have probably accepted people in the past who would fail the SPOS conditions if we were to investigate their backgrounds. Mr Fifoot does not see
how we could maintain that these four applicants are not
Good-
fi tel's approving brazier + Genser sent my ball has still to pass a medical and Mr Jenkins has notyet! transferred to PHP
for the time CODE 18-77 8 I put these mo on hard.
beig
BP 21/12.
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+ PA