KONG
CONFIDENTIAL
(b) IS there a distinction of the kind mentioned in
Article 1(1)?
(c) Are there unreasonable restrictions?
General terms of equality
20. The Travaux Preparatoires of the ICCPR in relation to
equivalent Article 25 suggests "general terms of equality"
permit regulation of such matters as age and qualifications
but barred situations where certain privileged
privileged groups
monopolised the public service. See Guide to the Travaux
Preparatories of the ICCPR by Professor Marc J. Bossuyt
(1987) 476.
In our opinion, the effect of these
differences
is that the
unfavourable
overseas officerS who is a
permanent resident would not have access on general terms
of equality. The terms are unequal against him.
The overseas officer in some respects especially in
the lower ranks enjoy more favourable terms than the local
officer in relation to leave passage and housing. Further,
we do not know but it is conceivable that contract terms
with the gratuity might be financially more favourable than
permanent and pensionable terms. Could it be argued that
taking the favourable and unfavourable terms together as a
whole, there are general terms of quality? In our opinion,
even if the phrase permits such a balancing approach, this
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