A
For decision on
27 July 1993
SECRET
MKA 016/1
LZ AUG 1993
Blue Volume XXXXXV(24)
XCX(93)35 Copy No. 28
MEMORANDUM FOR EXECUTIVE COUNCIL
81
LOCALISATION POLICY
146/6.
THE PROBLEM
The localisation policy as it applies to overseas officers who are permanent residents may not be compatible with the Bill of Rights and is vulnerable to a court challenge. A challenge is imminent.
RECOMMENDATION AND ADVICE SOUGHT
2
(a)
(b)
(c)
It is recommended that -
overseas officers who are permanent residents should be given an option to transfer to local terms subject to certain conditions as set out in paragraphs 26 - 32;
the Administration should introduce the policy changes without waiting for a court challenge and decision; and
the Chinese side should be informed of the proposed changes before implementation.
Members will be asked to advise whether this recommendation should be approved.
BACKGROUND AND ARGUMENT
Localisation Policy
3
Under the existing localisation policy, an overseas person is appointed only if no fully qualified and suitable local person is available and the qualifications for appointment cannot be modified to enable a local candidate to be appointed.
Executive Council