TNAG-2289-FCO40-3293-Future-of-Hong-Kong-Basic-Law-1991 — Page 21

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CODE 18-77

Mr

minte

M

CHINESE BOOK ON THE BASIC LAW

References

TRC 012/3

RECEIVED IN REGISSÖV

08 JAN 1992

२४

DESK US INDEX

PA

Action

You asked for some further amplification on my minute of 11 December on this subject.

1.

2.

As a general point, you should be aware that in recent years the Hong Kong Government have never unilaterally varied terms and conditions of service to the detriment of civil servants. I believe they have taken this stand as a result of legal advice that civil servants could sue the government if they tried to reduce terms and conditions of service - no matter what the legal status of civil service regulations and the power of the Secretary for Civil Service to vary them. Thus, when new terms and conditions are introduced, they apply automatically only to new civil servants: existing civil servants are given the option either to remain on their current terms and conditions or switch to the new terms. will be aware that this applies in the case of the new pension scheme and, for example, in the case of the new housing scheme. Civil servants are usually given a cut off date by which to apply.

3.

You

This stated, as regards housing for expatriates, all current expatriates have the choice to remain on their current terms and conditions of service. That means that any lowly expatriate civil servants may well choose so to remain. As for any new low grade overseas civil servants, they will be granted an accommodation allowance. This accommodation allowance is available to all grades of expatriate civil servants, be they street sweepers or better. The equivalent housing allowances for local staff do not extend below MPS Point 34. There is another housing scheme for local civil servants below MPS 34 but this is limited, and only a small percentage of civil servants will be able to benefit.

As regards leave, passages and education, I have I think effectively answered this question in paragraph 2 above. In the normal course of events existing civil servants would not be caught by new regulations unless they wished to be so caught. Thus the SARG may introduce new civil service regulations but, in they stick with past practice, they would not apply to civil servants recruited before that date. That said, however, HKG are considering amendments to the education benefits which would place everybody on the same footing. Having perused the leave regulations which are

MVSAAO

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