(c)
KUNCT
CONFIDENTIAL
Renewal of contracts
In addition to the normal criteria applicable to both local and overseas officers (i.e. service need, satisfactory conduct and performance and physical fitness), overseas officers would only have their contracts be renewed if a qualified and suitable local candidate is lacking. In relation to a promotion rank, it is sufficient to show that non-renewal will result in a need to appoint another overseas cfficer to fill a consequential vacancy at a lower level in the same grade.
18. These
differences are
unfavourable for the overseas officer. In essence, their effect is that unlike the local officer, he has no security of
of employment. Overseas officers who are not permanent residents, cannot rely on Article 21.
officers who have become
But overseas
permanent residents can.
19.
Having regard to these unfavourable differences, does the overseas officer who is a permanent resident enjoy the right and the opportunity, without any of the distinctions mentioned in Article 1(1) and without
unreasonable
restrictions, to have access on general terms of equality to public service in Hong Kong?
The following matters arise for consideration:
(a) Is there access on general terms of equality?
11