a
RESTRICTED
- 2
-
(b)
(c)
(d)
It is true that BL 99 allows public servants below a certain rank "as prescribed by law" to be exempt from the permanent residence requirement. We can find no indication that this was intended to refer specifically to Mainland imports. But this must be a possibility if such a law is ever passed.
Both JD 78 and BL 103 provide that any provisions for privileged treatment of foreign nationals will not be maintained beyond 1997. My own personal recollection is that this provision of the JD referred, albeit rather obliquely, to the requirement at that time that Administrative officers should be British nationals. Our record of the discussions on 6 September 1984 quotes Ke Zaishuo as saying that "discriminating provisions" meant any measure that discriminated against local people. This may have been intended to cover any possible discrimination in e.g. postings or promotions. But we agree that it is difficult to square the suggestion in the book with the provision that conditions of service etc. for all serving civil servants should be retained after 1997 (BL 100/JD 72).
The Chinese side (Yao Guang) told Sir P. Cradock on 10 November 1983 that advisers, if employed, would have no authority, but would only be there to give advice. As yet, we have no plan to appoint advisers once the nationality restriction on the most senior civil servants comes into force.
We are grateful to you and, of course, to Rod Wye for this very helpful translation of an interesting chapter. Civil service issues arising from the Basic Law are of great interest to us. We will certainly wish to take them up, as appropriate, with the Chinese in due
course.
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