be maintained after 1997. If, in the future, the Hong Kong SAR needs for some reason to hire foreign nationals to work in government departments or in specialist jobs, these people will be given higher salaries than local public servants if that is appropriate, but they will not be given any special treatment.
3.
The Employment and Nationaltiy of Public Servants
People in Hong Kong hold that Hong Kong public servants will have three particular problems after China resumes sovereignty over Hong Kong in July 1997. These are: firstly, pensions; secondly, the employment of foreigners; and thirdly, the guarantees for public servants in sensitive occupations after 1997. In order to maintain Hong Kong's stability and prosperity and to put the hearts of Hong Hong public servants at ease, the Drafting Committee for the Basic Law of the Hong Kong SAR payed particular attention to these questions of concern to Hong Kong public servants and put the section of Annex 1 of the Joint Declaration concerning public servants straight into the Basic Law without any change.
Article 100 of the Basic Law lays down that public servants serving in all Hong Kong Government Departments, including the Police Department, before the establishment of the Hong Kong SAR may remain in employment. This very clearly shows that, after 1997, public servants of the previous Hong Kong Government can be employed by the Hong Kong SAR, may continue in their work, and will not experience any problems of losing this jobs. It must be said that this is a very enlightened policy towards public servants of the Hong Kong Government and will be of considerable benefit in putting people's minds at ease.
The Police Department is a sensitive department and should public servants working in such departments be worried about their treatment by the Hong Kong SAR after 1997. Will they be able to continue working? In accordance with the spirit of Annex 1 of the Joint Declaration, the Basic Law points out that public servants in the previous Hong Kong Police Department together with public servants in other government departments may remain in employment. This amply demonstrates that the provisions in the Basic Law concerning the possibility for public servants in government departments in the previous Hong Kong Administration to remain in employment is an immutable policy, and public servants of the previous Hong Kong Administration should not have any further doubts about this.
The Basic Law also lays down that these public servants should enjoy salaries, allowances, benefits and terms and conditions of service that are no less favourable than before. In accordance with the spirit of Annex 1 of the Joint Declaration, the Basic Law not only lays down that former public servants may continue in employment, but also lays down the standard that their salary and treatment should be no less favourable than before July 1997. This is an economic and material guarantee to the public servants of the previous Hong Kong Administration. In order to maintain Hong Kong's stability and prosperity, it might be said that these provisions in the Basic Law concerning those remaining in
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