Reference..
establishment of the Hong Kong Special Administrative Region and under terms no less favourable than before.
a local officer necessarily succeed in establishing that he has reasonable grounds for anxiety about his career in so far as he holds British nationality. It is true that Basic Law. Article 99 requires public servants serving in Government departments to be permanent residents of the SAR and that under Basic Law, Article 101 only Chinese citizens among permanent residents with no right of abode in any foreign country may fill the most senior posts. But Article 101 makes it clear that foreign nationals previously serving in public service in Hong Kong or holding permanent identity cards, may serve in Government departments at all levels. In any case, local officers who are British nationals have the choice of renouncing their British nationality if they are concerned that the new SAR Government will be suspicious of their loyalty.
Shelaph Brooks.
S Brooks
Legal Counsellor
K211 270 3069
16 March 1992
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