SECRET
XCX(93)35
32
The option for transfer will be made available once only to each overseas officer. On becoming a permanent resident he should apply for a transfer as soon as possible before his current contract expires. Should he fail to do so he would remain on overseas terms and be subject to localisation. As a transitional arrangement, it may be necessary to grant extensions to the contracts of some officers who need to apply for naturalisation in order to become permanent residents and transfer to local terms.
Numbers Transferring
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The decision by an overseas officer on whether to seek a transfer to local terms would depend largely on his personal circumstances. A very rough estimate of the likely number of transfers is that in the region of 400 officers might do so. The majority of the transferees are likely to be in the professional grades of the lands and works and the legal group of departments. Reaction in the Police Force is more difficult to gauge. The number of eventual transfers to local pensionable terms will be somewhat less than the initial transfers as some may baulk at transferring to local pensionable terms or fail to meet the Chinese Language requirement.
Implementation Strategy
34
A key issue is whether Government should let the AECS take the matter to court and await a court ruling before making any policy changes. The advantage of awaiting a court decision is that Government would not be seen to alter the localisation policy of its own accord. It will clearly be seen as something imposed by the court. This would be of great assistance in presenting any changes to the local staff associations and the community.
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On the other hand, if Government is likely to lose a court battle, it may be better to avert the court case by initiating change. This would save the embarrassment of losing in court and also avoid the danger of being landed with a decision which is politically and administratively impractical. An adverse court ruling will also confirm China's worst suspicions about the BOR and may prompt them to denounce the BOR immediately.