XN000022-1993-11-03 — Page 2

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WEDNESDAY, NOVEMBER 3, 1993

"THE

PRIVATE MEMBER'S BILL RESULTS IN UNCERTAINTY

PRIVATE MEMBER'S BILL IS NOT THE ANSWER TO THE LOCALISATION PROBLEM," A GOVERNMENT SPOKESMAN SAID IN RESPONSE TO PRESS ENQUIRIES ON THE INTRODUCTION OF THE PUBLIC OFFICERS (VARIATION OF CONDITIONS OF SERVICE) (TEMPORARY PROVISION) BILL 1993 INTO THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

THE

"GIVEN THE LEGAL ADVICE THAT THE OLD POLICY UNDER WHICH CONTRACT OF AN OVERSEAS OFFICER WILL NOT BE RENEWED IF A LOCAL REPLACEMENT IS AVAILABLE, IS IN BREACH OF THE BILL OF RIGHTS INSOFAR AS THE OVERSEAS OFFICER IS A PERMANENT RESIDENT, IT WOULD NOT BE POSSIBLE FOR US TO RETURN TO THE OLD POLICY," HE SAID.

"THE INTERIM MEASURE ANNOUNCED ON 30 JULY ALLOWS US TO RETAIN ON A SELECTIVE BASIS AND ON LOCAL TERMS THOSE OVERSEAS OFFICERS WHO ARE PERMANENT RESIDENTS AND HAVE A POSITIVE CONTRIBUTION TO MAKE."

WAS TERMS.

THE

BILL

SPOKESMAN POINTED OUT THAT IF THE PRIVATE MEMBER'S ENACTED, THERE COULD NOT BE ANY TRANSFER FROM OVERSEAS TO LOCAL

TO COMPLY WITH THE BILL OF RIGHTS, HE SAID THE ONLY OPTION OPEN TO THE ADMINISTRATION WOULD BE TO EXTEND ON OVERSEAS TERMS THE CONTRACTS OF THOSE OFFICERS WHO ARE OR HAVE A CREDIBLE CLAIM TO BE PERMANENT RESIDENTS.

EXTENSIONS WOULD BE REQUIRED UNTIL SUCH TIME AS THE BILL LAPSES AND IT BECOMES CLEAR WHETHER OR NOT THEY CAN PURSUE THEIR APPLICATIONS TO TRANSFER TO LOCAL TERMS.

"THIS WOULD BE A VERY UNDESIRABLE STATE OF AFFAIRS AS THE LOCALISATION POLICY WOULD IN EFFECT BE SUSPENDED FOR THE DURATION OF THE BILL WITH RESPECT TO A SIGNIFICANT NUMBER OF STAFF," THE SPOKESMAN CONTINUED.

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"LOCAL OFFICERS PROMOTION PROSPECTS ARE LIKELY TO AFFECTED TO A GREATER EXTENT THAN UNDER THE INTERIM MEASURE.

"FURTHERMORE THE ENnactment oF THE PRIVATE MEMBER'S BILL RESULT IN CONSIDERABLE UNCERTAINTY ALL ROUND. THIS APPLIES TO LOCAL AND OVERSEAS STAFF, AS WELL AS TO DEPARTMENTAL MANAGEMENTS NEED TO BE ABLE TO PLAN AHEAD.

"WE HOPE THAT LEGISLATIVE COUNCIL MEMBERS WILL CONSIDER IMPLICATIONS OF THE BILL THOROUGHLY BEFORE PROCEEDING ANY FURTHER.

"IN OUR VIEW, IT WOULD BE MORE PRODUCTIVE TO CONCENTRATE THE LONGER TERM EXERCISE OF AGREEING ON THE COMMON TERMS APPOINTMENT AND CONDITIONS OF SERVICE, FOR WHICH THE GOVERNMENT JUST ISSUED A CONSULTATIVE DOCUMENT," HE ADDED.

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