TNAG-0703-FCO40-868-Recruitment-policy-for-Hong-Kong-use-of-Colonial-Regulation--1978 — Page 3

JM Rowlands Esq

Secretary for the Civil Service

Government Secretariat HONG KONG

HKA 412/393/3

RECEIVED

DESK INDEX

YES

STRY NO. 51

28 MAR 1978

ISTRY

aption Tuken

22 March 1978

LAST

REF.

12

1

HONG KOWE LOCALISATION

INDEX TRECRUITMENT POLICY

NEXT REF.

B)

COLONIAL REGULATION 18,

1. I am replying to your telegram number 286 of 8 March by letter rather than by telegram as the reply is somewhat lengthy. The issues raised in your telegram are by no means clear-cut, and they have given rise to a good deal of debate at this end. I hope you will find the following comments helpful.

2. We appreciate your desire to press ahead with localisation where practicable, but the main intention of CR18 is to protect the employ- ment of officers already in the Public Service who might otherwise find their careers blocked by persons from outside subsequently recruited to higher grades. The term 'meritorious officers in the Public Service' does not mean merely officers in the posts immediately subordinate to that in which a vacancy occurs, but all qualified officers in the Territory (and indeed strictly speaking qualified officers in the Public Service in bther Dependent Territories if they apply, or if they are selected by the Secretary of State under CK19).

3. This policy has generally been applied only to permanent and pensionable officers, but you have agreed that all officers whatever their terms of service should be considered for promotion on equal terms. This is clearly stated in Civil Service Regulation 109(1)(a).

4. We do not disagree with your localisation policy as set out in CSK100(13). However, once an overseas officer has been appointed we do not see how you could apply a policy which might subordinate his prospects to those of persons outside the Public Service unless a system were introduced under which expatriate pensionable officers were given compensation in the event of being passed over or prejudiced in respect of their promotion prospects because of a declared policy of localis- ation. Contract staff may have no inherent right to the same protection, but they would almost certainly expect it. Thus if you wish to change your recruitment policy it should be in a way that does not prejudice unfairly either pensionable staff, or existing contract staff during the periods of their current contracts. We should wish to look very closely at any proposal to institute a compensation scheme or any other changes in localisation policy.

15. We are