SECRET
SECRET
053411
MDHIAN 8624
FM HONG KONG
TO DESKBY 13110OZ FCO
TELNO 1138
OF 130945Z JULY 93
INFO IMMEDIATE PEKING, UKREP JLG HONG KONG
OUR TELNO 856: LOCALISATION POLICY.
1.
WE HAVE NOW CONSIDERED VARIOUS OPTIONS AND CONCLUDED
THAT ON BALANCE IT WOULD BE BETTER TO TAKE THE INITIATIVE TO CHANGE OUR POLICY IN SO FAR AS IT APPLIES TO OVERSEAS AGREEMENT OFFICERS WHO ARE PERMANENT RESIDENTS. IT SEEMS PREFERABLE TO ADVOCATE CHANGE ON OUR OWN TERMS AND TO TRY TO AVOID A COURT CASE, BECAUSE ACCORDING TO ALL THE ADVICE WE HAVE HAD WE ARE LIKELY TO LOSE. IN THE PROCESS WE COULD BE LANDED WITH A DECISION WHICH IS HOPELESSLY IMPRACTICAL.
PROPOSED SCHEME.
2. WE ENVISAGE USING THE CURRENT DEFINITION OF 'PERMANENT
RESIDENT' UNDER THE IMMIGRATION ORDINANCE FOR THE PURPOSE OF ASSESSING ELIGIBILITY FOR TRANSFER. WE APPRECIATE THAT THIS DEFINITION WILL EVENTUALLY BE AMENDED TO ALIGN IT WITH THE BASIC LAW AND WE WOULD PROPOSE TO FOLLOW ANY AMENDMENT IN DUE COURSE. BUT TO TRY TO SECOND GUESS THE OUTCOME OF CONSULTATIONS ABOUT IMMIGRATION CONTROLS AND TRY TO ALIGN WITH THE BASIC LAW NOW WOULD BE TO INVITE CHINESE DEMANDS FOR CONSULTATION ON THIS ISSUE AS WELL. FOR THE REASONS EXPLAINED IN PARA 11 BELOW WE WISH TO AVOID THIS.
3.
TWO BROAD SCHEMES WHICH WE HAVE CONSIDERED ARE:
(A) TO ALLOW OVERSEAS AGREEMENT OFFICERS WHO ARE PERMANENT RESIDENTS TO OPT FOR TRANSFER TO LOCAL TERMS UNDER CERTAIN CONDITIONS: AND
(B) TO MAKE IT COMPULSORY FOR OVERSEAS AGREEMENT OFFICERS WHO ARE ELIGIBLE TO BECOME PERMANENT RESIDENTS TO CHANGE TO LOCAL TERMS.
THE POTENTIAL NUMBER OF TRANSFERS WILL AFFECT THE CHINESE AS WELL AS LOCAL STAFF ASSOCIATIONS' PERCEPTION OF THE PROPOSED CHANGES, SO WE SHOULD TRY TO MINIMISE THE NUMBER. THE OPTIONAL
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