HONG KONG
CONFIDENTIAL
(a) There was discrimination against local officers. Any
such discrimination occurred many years ago and the
localisation policy as embodied in the Colonial
Regulations and the CSRS have been in place for a long
time. In the context of the localisation policy, the
justification for the more favourable and overseas
terms appear to be operational necessity.
(b)
In any event, the localisation policy was not designed
to redress any past discrimination. Any measure for
this purpose must be reasonable and objective and must
not continue for longer than is necessary to achieve
that purpose. See General Comments of the Human
Rights Committee 18 (37) on Non-Discrimination paras.10
and 13.
Compare Article 1(4) of the Racial
Discrimination Convention.
Possible changes to the localisation policy
32. It is important to bear in mind the first principles
against which any change has to be tested as far as Article
21 is concerned.
(a)
One is concerned with persons who could establish
their status as permanent residents.
(b)
All permanent residents must have access on general
terms of equality to public service.
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