XN000022-1993-09-14 — Page 2

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TUESDAY, SEPTEMBER 14, 1993

SCS ON PRIVATE MEMBER'S BILL ON

CIVIL SERVANTS' CONDITIONS OF SERVICE

THE

ACTING SECRETARY FOR THE CIVIL SERVICE, MR STUART HARBINSON, TODAY (TUESDAY) SPELLED OUT THE CONSEQUENCES

OF ENACTING THE PROPOSED PRIVATE MEMBER'S BILL THAT SEEKS TO SUSPEND TRANSFERS OF OVERSEAS AGREEMENT OFFICERS FROM OVERSEAS TO LOCAL TERMS.

"THE PROPOSED PRIVATE MEMBER'S BILL PUTS THE GOVERNMENT IN AN IMPOSSIBLE SITUATION," MR HARBINSON SAID.

"IT WOULD PUT US BACK INTO TROUBLE WITH THE BILL OF RIGHT'S. IS BECAUSE ITS EFFECT WOULD BE TO DENY SOME PERMANENT RESIDENTS OF HONG KONG CONTINUED EMPLOYMENT IN THE PUBLIC SERVICE."

THIS

MR HARBINSON SAID THE ONLY WAY THAT THE GOVERNMENT COULD AVOID THE BILL OF RIGHTS' IMPLICATIONS WOULD BE TO EXTEND THE CONTRACTS ON OVERSEAS TERMS NOT ONLY OF ANY OVERSEAS CONTRACT OFFICERS WHO ARE ALREADY PERMANENT RESIDENTS BUT ALSO OTHERS WHO CLAIM TO BE INTERESTED IN BECOMING PERMANENT RESIDENTS.

THIS WOULD HAVE A VERY SERIOUS IMPACT ON THE LOCALISATION POLICY, HE SAID.

FURTHERMORE THERE WOULD BE A POLICY VACUUM AND TREMENDOUS UNCERTAINTY WOULD ENSUE FOR BOTH LOCAL AND OVERSEAS OFFICERS,

"THE PUBLIC SERVICE PANEL SEEMS TO BE GIVING US A CHOICE BETWEEN INFRINGING THE BILL OF RIGHTS ON THE ONE HAND AND SERIOUSLY DAMAGING THE LOCALISATION PROCESS ON THE OTHER, MR HARBINSON SAID.

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"I FIND IT HARD TO BELIEVE THAT THIS IS WHAT THEY REALLY WANT OR THAT IT IS IN HONG KONG'S LONG-TERM INTERESTS."

MR HARBINSON ALSO SAID THE MAIN ISSUE AT THE HEART OF THE CURRENT CONTROVERSY WAS WHETHER PERMANENT RESIDENTS HAD THE RIGHT OF EQUAL ACCESS TO EMPLOYMENT IN THE PUBLIC SERVICE, AS LAID DOWN IN BILL OF RIGHTS.

"IT IS UNFORTUNATE THAT THE DEBATE HAS NOT REALLY FOCUSSED THIS, HE SAID.

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THE

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"IT IS ALSO DISAPPOINTING THAT MEMBERS OF THE PUBLIC SERVICE PANEL, WITH ONE EXCEPTION, HAVE NOT TAKEN A CLEAR STANCE ON SUCH AN IMPORTANT BILL OF RIGHTS ISSUE, DESPITE DISCUSSING THE SUBJECT SINCE APRIL."

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