SECRET
(a)
(b)
"the rights recognised in this Bill of Rights shall be enjoyed without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status" [Article 1(1)]; and
"every permanent resident shall have 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" [Article 21(c)].
XCX(93)35
Views of the Association of Expatriate Civil Servants (AECS)
10
The AECS argues that overseas agreement officers who are permanent residents of Hong Kong are protected by the above provisions. If their contracts are not renewed on localisation grounds (i.e. because of the availability of a "local" replacement), the BOR will be violated because they will then not be treated on general terms of equality with other permanent residents. The AECS suggests that these officers be allowed to change to local terms and remain in their jobs. It has asked for a "moratorium" on the localisation policy (i.e. current agreements should be extended) while the Administration is studying the issue. It is also making increasingly credible threats to take Government to court if no change of policy in its favour is announced very shortly.
Views of Other Staff Associations
11
The Senior Non-Expatriate Officers Association (SNEOA) considers that the localisation policy is not in breach of the BOR. It holds the view that a contract is for a fixed period only and that there is no obligation on the part of the Government to renew it. If an overseas officer on contract terms has acquired permanent resident status he could be re- employed on local terms, but at the recruitment rank as a fresh appointee so as not to block promotion of truly "local" officers.
12
The local staff associations have expressed serious concern over the pace of localisation. Far from eroding the present localisation policy, they wish to see it strengthened by greater resort to non-renewal of expatriates' contracts. Any change which would allow overseas officers to remain in their present jobs immune from localisation would therefore be very strongly opposed.