TNAG-2668-FCO40-3865-Hong-Kong-Civil-Service-1993 — Page 137

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2 HARE COURT

27.

28.

(b)

CONFIDENTIAL

or

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be

So long as no adverse decision is made against an officer

who is, at the time, a permanent resident, there can be no

breach of Article 21. The rights under Article 21 would not

breached, since the complainant would not be

"permanent resident" of Hong Kong. The policy is, in any

event, designed to further a rational objective consistent

with Article 21: that is, to give priority in the public

service to permanent residents of Hong Kong.

F

mnie" "Kong-

A person who is such a permanent

resident would be denied "access, on general terms of

equality, to public service in Hong Kong". This would not

be directly discriminatory on grounds specified in Article

1(1). But it may well be indirectly discriminatory, in that

there might well be a disparate impact on persons of other

nationalities. In any event, it would be difficult to

justify such a restriction as "reasonable" under Article

15

CONFIDENTIAL

2017/019

}

€