TNAG-2668-FCO40-3865-Hong-Kong-Civil-Service-1993 — Page 133

·01 93

09:40

571 283 284

2 HARE COURT

2013/019

CONFIDENTIAL

see paragraph

17 above). It is proposed, with the agreement of China,

that a person who satisfies the conditions will be able to

demonstrate that he has taken Hong Kong as his place of

permanent residence by making a statutory declaration to

that effect. At a later date, further amendments will be

made to the Immigration Ordinance to come into effect on 1

July 1997 to implement the remaining provisions of Article

24 of the Basic Law that is, removing references to

British nationality and replacing the provision relating to

persons of Chinese race, by provisions defining the right

of abode in terms of Chinese nationality. In pursuance of

the Joint Declaration and under paragraph 2(1)(a) of the

Schedule to the Hong Kong Act 1985, the status of British

Dependent Territories citizen by virtue of a connection

with Hong Kong will cease on 30 June 1997.

The Issues

21.

I am asked to advise whether Article 21 of the Bill of

Rights is breached by

(a)

the localisation aspects of the Government's current

(b)

(c)

recruitment policy;

the policy of non-renewal of contracts of officers on

overseas terms if a local replacement is available;

the policy of not permitting an officer originally

engaged on overseas contract terms subsequently to

11

CONFIDENTIAL