Civil Service Branch
Civil Service Consultation Document
Civil Service Terms of Appointment & Conditions of Service
2.5
In order to carry the localisation policy into the future, it would be essential to have a positive definition of who qualifies as a "local". The lack of such a definition to date has led to uncertainty and has been a major contributory factor to the current controversy in this area.
2.6
The Administration would welcome views on how to define a local person for the purposes of employment in the civil service. The suggested broad parameters for the definition are that ·
2.7
(a) it should be consistent with the existing Laws of Hong Kong, including the
Bill of Rights (Annex A); and
(b) it should aim to be consistent with the relevant provisions in the Basic
Law.
Discussions are taking place between the Chinese and the British sides of the Joint Liaison Group with the aim of bringing the existing definition of "permanent resident" in Hong Kong's Immigration Ordinance (Annex B) into line with the Basic Law. Article 99 of the Basic Law stipulates that, with certain exceptions, public servants should be permanent residents of the Special Administrative Region (SAR). Article 24 of the Basic Law defines those who qualify as permanent residents (Annex C).
Permanent and Pensionable
2.8
For appointment on new P&P terms, recruits should be local candidates and meet the Chinese language proficiency requirement and other criteria stipulated for the respective grades or ranks.
Agreement
2.9
Appointment on new agreement terms will only be offered if there is a service need to acquire special expertise and the new P&P terms fail to attract suitable candidates. Such recruits need not be locals though preference will still be given to local candidates. Since such appointment is for a fixed duration, Chinese language proficiency will not be mandatory across the board, but it will be up to the Heads of Department and Heads of Grade in consultation with Civil Service Branch to stipulate whatever language proficiency is required for the efficient discharge of duties during the contract period.