XN000022-1993-09-09 — Page 5

THURSDAY, SEPTEMBER 9, 1993

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"IN THE GOVERNMENT'S VIEW, WE WOULD ALL DO BETTER TO CONSERVE OUR ENERGY AND CONCENTRATE EFFORTS IN THAT AREA. WE NEED TO LOOK THE FUTURE.

MR

CO

HARBINSON WAS COMMENTING ON THE REVISED DRAFT MEMBER'S BILL PRESENTED BY THE LOCAL CROWN COUNSEL ASSOCIATION THE PUBLIC SERVICE PANEL MEETING THIS MORNING.

PRIVATE DURING

HE TOLD MEMBERS THAT THE ATTEMPT TO BLOCK THE INTERIM MEASURE BY WAY OF A PRIVATE MEMBER'S BILL WOULD RESTORE THE OLD POLICY WHICH WAS NOT COMPATIBLE WITH THE BILL OF RIGHTS.

"FAR FROM LOOKING TO THE FUTURE, THIS IS JUST TURNING THE CLOCK BACK, HE SAID.

UNDER THE BILL OF RIGHTS, PERMANENT RESIDENTS OF HONG KONG SHOULD HAVE ACCESS TO THE PUBLIC SERVICE ON GENERAL TERMS OF EQUALITY.

BUT EQUALITY DOES NOT EXIST IF ONE GROUP OF PERMANENT RESIDENTS IS SUBJECT TO EJECTION FROM THE PUBLIC SERVICE AND REPLACED BY ANOTHER GROUP OF PERMANENT RESIDENTS PURELY ON THE BASIS OF A CATEGORISATION OF TERMS OF APPOINTMENT MADE WHEN THE PERSON CONCERNED FIRST JOINS THE GOVERNMENT.

IN HIS VIEW, THE ONLY CONCEIVABLE WAY IN WHICH THE GOVERNMENT COULD LIVE WITH THE DRAFT BILL, IF IT WERE ENACTED, WOULD BE TO INTRODUCE A MORATORIUM ON THE LOCALISATION OF PERMANENT RESIDENTS SERVING ON OVERSEAS TERMS AND ON ANY OTHER OVERSEAS OFFICERS WHO HAD A CLAIM TO BE OR TO BECOME PERMANENT RESIDENT.

MR HARBINSON SAID: "THE MORATORIUM ROUTE WAS A COURSE OF ACTION WHICH WE CONSIDERED BUT REJECTED SOME TIME AGO.

"IT WOULD AFFECT FAR MORE PEOPLE THAN THE INTERIM MEASURES WE HAVE TAKEN AND WOULD ALSO CREATE ENORMOUS UNCERTAINTY ALL ROUND, BECAUSE ESSENTIALLY THERE WOULD BE NO LOCALISATION POLICY IN FORCE WHILE THE MORATORIUM WAS IN EFFECT.

"THERE WOULD IN OTHER WORDS BE A POLICY VACUUM. FURTHERMORE AT THE END OF THE MORATORIUM A WAY WOULD STILL HAVE TO BE FOUND TO TREAT OVERSEAS OFFICERS WHO ARE PERMANENT RESIDENTS IN A WAY WHICH IS COMPATIBLE WITH THE BILL OF RIGHTS.

"IT IS IN THE GOVERNMENT'S VIEW VERY TELLING THAT NO ONE OTHER THAN OURSELVES HAS SO FAR PUT FORWARD A SOLUTION WHICH MEETS THE BILL OF RIGHTS SITUATION,"

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THEREFORE, MR HARBINSON REITERATED, THE BILL WAS NOT SOLUTION, BUT A RECIPE FOR AT BEST A POLICY VACUUM WITH MUCH GREATER RISKS AND UNCERTAINTIES THAN EXIST AT PRESENT.

ADDED.

AND AT WORST FOR A CHALLENGE UNDER THE BILL OF RIGHTS, HE

MR HARBINSON CALLED ON MEMBERS TO THINK THROUGH THE ISSUB THOROUGHLY AND GIVE THE BILL OF RIGHTS ARGUMENTS DUE WEIGHT.

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