TNAG-2668-FCO40-3865-Hong-Kong-Civil-Service-1993 — Page 145

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(6)

(7)

(8)

(9)

We call for a review of the non-renewal policy to ensure compliance with imminent constitutional changes, the current law and basic human rights.

We believe that it is important to retain overseas officers in the civil service, not just so that the Government can continue to benefit from their varied experience, but also to reflect to the world the cosmopolitan nature of Hong Kong.

We advocate a change in the non-renewal policy which now denies continued Government service to overseas officers on agreement terms of service who have become permanent residents of Hong Kong when a "local" is available to fill the post.

We concede that if a permanent resident of Hong Kong is available to be hired on local terms of service to fill a post, then a non-permanent resident currently filling the post should make way for him. However, if the person in the post is himself a permanent resident, he should be given the choice of staying in the post on local terms of service, or leaving at the end of his agreement.

(10) We advocate a suspension of the non-renewal policy as it applies to permanent residents until a review is completed. A suspension could be applied simply by extending the agreements of all officers who have been given notice of non-renewal if the officer indicates he is willing to continue employment on local terms of service.

(11) We advocate that the present bar on overseas officers from being employed on permanent and pensionable terms should be removed once the officer becomes a permanent resident of Hong Kong.

(12) We offer the following arguments in support of our objection to the

non-renewal policy -

(a) the policy is morally wrong because it discriminates between employees on the basis of their social origin, the dominant effect of which is to distinguish between persons on the basis of race;

(b) the policy is legally wrong because it conflicts with articles 1, 21(c) and 22 of the Hong Kong Bill of Rights Ordinance and similar provisions in the Letters Patent and the Basic Law and it constitutes discriminatory official action amounting to bad faith under the common law;