is concerned.
CONFIDENTIAL
At the time of recruitment,
the overseas
officer may not be a permanent resident. If at some point
of time, he becomes a permanent resident, the position
would change. He would be entitled to the right and the
opportunity under Article 21.
Article 22
25.
Secondly, Article 22 provides:
"All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status."
26.
"Law" does not have the narrow meaning of the domestic law
of Hong Kong but means a universal concept of justice. See
Sin Yau Ming at 159, R. v. The Securities and Futures
Commission Ex parte Lee Kwok Hung at 7-8, 12 and R v. Wong
Hiu Chor Magistracy Appeal No.227 of 1992. It could be
argued that the localisation policy also infringes this
Article. The protection under Article 22 is afforded to
all persons and not merely permanent residents.
other hand, it could be argued that since Article 21 deals
specifically with access to public service, it is only
Article 21 which is engaged in situations concerned with
access to the public service.
on the
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