TNAG-2668-FCO40-3865-Hong-Kong-Civil-Service-1993 — Page 136

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on any person

appos

Regulaktor

permanens

26.

could be

achieved by a simple amendment to

to the Civil Service

Regulations stating that nothing in its provisions shall

require a person to be treated as an overseas officer if,

at the time of the decision, he is a "Hong Kong permanent

resident" or "resident British citizen" under the amended

Immigration Ordinance as now in force.

Ov

In clear how the wa ame if prostate and sence

abere reps = changed vore I- see no reason why Article 21 should prevent a person

consenting to being treated as an overseas officer (even if

he is, in fact, a permanent resident of Hong Kong). If he

so consents, then he can have no claim under Article 21.

Nor could any other officer complain of that treatment

under Article 21, since it would not adversely affect that

other officer's access to public service. Indeed, it would

benefit that other officer, since the "overseas" officer

would be handicapped in joining the service. It is true

that, once employed, the overseas officer enjoys terms

which are, in some respects, more favourable, but that is

because there are considered to be rational reasons for the

content of the terms for overseas officers.

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