TNAG-2667-FCO40-3864-Hong-Kong-Civil-Service-1993 — Page 24

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115217 MDLIAN 3201

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FM HONG KONG

TO PRIORITY FCO

TELNO 487

OF 260955Z MARCH 1993

SHKA 016/1

INFO PRIORITY UKREP JLG HONG KONG, PEKING 7 1993

LOCALISATION POLICY

SUMMARY

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Action Taken

THE ASSOCIATION OF EXPATRIATE CIVIL SERVANTS (AECS) IS CHALLENGING OUR LOCALISATION POLICY UNDER THE BILL OF RIGHTS AND IS THREATENING TO TAKE THE GOVERNMENT TO COURT. WE WISH TO BRING THIS ISSUE TO YOUR ATTENTION AS IT IS ASSUMING INCREASING PROMINENCE. WE WOULD BE GRATEFUL FOR ANY COMMENTS OR ADVICE.

DETAIL

2. UNDER A LONG STANDING POLICY OFFICERS JOINING THE CIVIL SERVICE ARE APPOINTED ON EITHER LOCAL OR OVERSEAS TERMS. THOSE WHOSE GENERAL BACKGROUND AND SOCIAL TIES ARE OUTSIDE HONG KONG, CHINA, MACAU OR TAIWAN ARE APPOINTED ON OVERSEAS TERMS. ALL OTHERS ARE APPOINTED ON LOCAL TERMS. ONCE THUS CATEGORISED, STAFF ARE NOT PERMITTED TO CHANGE FROM ONE SET OF TERMS TO THE OTHER. HISTORICALLY, OVERSEAS TERMS HAVE BEEN MORE ATTRACTIVE BECAUSE OF ENHANCED PERKS BUT THE DIFFERENCES HAVE NARROWED CONSIDERABLY OVER THE LAST FEW YEARS.

3. AN EQUALLY LONG STANDING ASPECT OF OUR LOCALISATION POLICY HAS BEEN THAT A CONTRACT OFFICER ON OVERSEAS TERMS IS NOT OFFERED A FRESH CONTRACT IF AN OFFICER ON LOCAL TERMS IS AVAILABLE TO REPLACE HIM OR HER. THIS, COMBINED WITH THE PREFERENCE GIVEN TO LOCAL OFFICERS ON RECRUITMENT, HAS RESULTED IN A GRADUAL REDUCTION IN THE NUMBER OF OFFICERS ON OVERSEAS TERMS, TO THE POINT WHERE ONLY 1.2 PERCENT OF CIVIL SERVANTS ARE NOW ON OVERSEAS TERMS, ALBEIT THE MAJORITY TEND TO BE IN SENIOR JOBS.

4. ARTICLE 21 OF THE BILL OF RIGHTS (BOR) ORDINANCE PROVIDES THAT 'EVERY PERMANENT RESIDENT SHALL HAVE THE RIGHT AND OPPORTUNITY, WITHOUT ANY OF THE DISTINCTIONS MENTIONED IN ARTICLE 1(1) AND WITHOUT UNREASONABLE RESTRICTIONS TO HAVE ACCESS ON GENERAL TERMS OF EQUALITY TO PUBLIC SERVICE IN HONG KONG'. THE TERM ''PERMANENT RESIDENT'' IS NOT DEFINED IN THE BOR ALTHOUGH THERE IS A DEFINITION UNDER THE IMMIGRATION ORDINANCE.

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