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03. 09:42
2071 593 9269
2 HARE COURT
27.
28.
(b)
CONFIDENTIAL
or
ક
ht
be
So long as no adverse decision is made against an officer
who is, at the time, a permanent resident, there can be no
breach of Article 21. The rights under Article 21 would not
breached, since the complainant would not be
"permanent resident" of Hong Kong. The policy is, in any
event, designed to further a rational objective consistent
with Article 21: that is, to give priority in the public
service to permanent residents of Hong Kong.
F
mnie" "Kong-
A person who is such a permanent
resident would be denied "access, on general terms of
equality, to public service in Hong Kong". This would not
be directly discriminatory on grounds specified in Article
1(1). But it may well be indirectly discriminatory, in that
there might well be a disparate impact on persons of other
nationalities. In any event, it would be difficult to
justify such a restriction as "reasonable" under Article
15
CONFIDENTIAL
2017/019
}
€