TNAG-2434-FCO40-3536-Hong-Kong-Her-Majesty-s-Overseas-Civil-Service-(HMOCS)-and-t-1992 — Page 8

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

BIFU

Previous employment in HK:-

1983-84

1984-1986

Assistant Solicitor

Howell and Co

on contract terms

Assistant Solicitor

HM So and Co

on contract terms

iii) Mr H L Brazier, Magistrate

iv)

Recruited through Supreme Court, HK in 1989 In HK for 5 years, 5 months before appointment

Previous employment in HK:-

1981-83

1986-89

Assistant Solicitor

Holman, Fenwick & Willan (UK firm) Senior & Managing Partner

Holman, Fenwick & Willan

on expatriate terms with free accommodation and passage back to UK.

Appointments temporary in nature with intention of posting back to Head Office in due course

Mr S J Geiser

Recruited through HK Legal Aid Department in 1981 In HK for 12 years, 6 months before appointment

Previous employment in HK:-

1977-78

1978-78

1979-79

1979-81

Assistant Solicitor

Gunsten & Chow

on contract terms

Assistant Solicitor

Chow & Howell

on contract terms

Assistant Solicitor

W S Lo & Co

on contract terms Partner

W S Lo & Co

partnership

3.

All the above officers were appointed on overseas agreement terms. They all claim that they do not hold right of abode in Hong Kong. If we were to stick to the definition of expatriate and "not normally resident" used by the ODA for their SPOS regulations, then these four officers would not be eligible for membership of HMOCS as they all lived in Hong Kong for more than three years before their appointment to the Hong Kong public service. However, your fax of 12 November advises against using the ODA's definitions because we have probably accepted people in the past who would failed this condition of being "not normally resident".

4.

If we therefore stick to the commonly accepted meaning of "expatriate" in deciding whether these officers should be admitted to HMOCS, it would be difficult to conclude that they are not "residents in a foreign country" or people who have gone from their own country to serve in another territory, since they are all British and have only gone to Hong Kong to work. However, as the law on right of abode in Hong Kong will be changed before 1997 to give persons who have lived in Hong Kong for 7 years right of abode, we could regard someone who has lived there for less than seven years as an expatriate. these criteria Mr Jenkins and Mr Geiser would not be expatriates and Mr Ball and Mr Brazier would be expatriates. would be grateful for your views on these applicants before we decide whether we should admit them. Please let me know if you need any other background information.

Yous sncerely, Bridger fuis

Bridget Paris

Hong Kong Department

By

I

HMOC'S JUDICIARY

57

RESTRICTED STAFF IN CONFIDENCE

RESTRICTED

STAFF IN CONFIDENCE

FM FCO

TO ROUTINE HONG KONG

TELNO 1576

OF 051614Z NOVEMBER 92

HKA 233/5

030343

MDLOAN 0728

POP Q DIST?

شرار

pa.

FOR KWONG, SUPREME COURT FROM PARIS, HKD

-HKA CIO/3

821

YOUR LETTER OF 22 MAY 1992: REF (121) IN SC FUAD/KU/1A

1. THE SECRETARY OF STATE'S APPROVAL IS HEREBY GIVEN FOR THE RIGHTS AND PRIVILEGES ATTACHED TO MEMBERSHIP OF HER MAJESTY'S OVERSEAS CIVIL SERVICE TO APPLY TO MR ME I KEMPSTER, JUSTICE OF APPEAL WITH IMMEDIATE EFFECT.

HURD

YYYY

ΜΑΙΝ

10

HKD

DISTRIBUTION

10

OVERSEAS PENSIONS/ODA//MR FISH

NNNN

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