TNAG-2668-FCO40-3865-Hong-Kong-Civil-Service-1993 — Page 151

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(8)

(9)

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;

(c) the policy is politically wrong because it conflicts with the agreement between the UK and China expressed in the Joint Declaration and now also expressed in the Basic Law, both of which expressly contemplate the continued employment of foreign nationals and require the appointment and promotion or public servants to be on the basis of qualifications, experience and ability;

(d) the policy is wrong because it creates unnecessary friction between employees of different races and is thus bad for civil service morale and efficiency;

(e) the policy is short sighted and contrary to the public interest because

the Government unnecessarily loses the valuable

the valuable and varied experience of employees whose origin is elsewhere than Hong Kong;