TNAG-2668-FCO40-3865-Hong-Kong-Civil-Service-1993 — Page 154

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We doubt that the underlined statement is a necessary interpretation of CSR 115 because CSR 115(7) specifically prevents a person appointed on local terms from applying later to transfer to overseas status. There is no equivalent provision preventing a person appointed on overseas terms from applying later to transfer to local status. It was probably set up this way to prevent persons from seeking more favourable terms. However, the Government is using part of CSR 115 to prevent a person who is willing to serve on lesser terms, from doing

So.

Hong Kong citizenship rejected

15.

Because the Government refuses to allow an overseas officer to convert to local terms of service, he is forever faced with the prospect of being replaced by a "local". His own acquired status as a "local" is not recognised by the Government, no matter how "local" he becomes, even if he becomes a citizen of Hong Kong, i.e. a British Dependent Territories Citizen.

Dramatic, but not unique, examples

16. Last week one of our members who has been in Hong Kong for 32 years was forced out of the civil service under the non-renewal policy. Another of our members was born in Hong Kong of a family which has been in Hong Kong for 100 years. One of his children was born in Hong Kong. Because he was working in the UK at the time he was hired, he was employed on overseas terms of service. He has worked for the Government for 16 years. He has been given notice of non-renewal to take effect in December. He asked to convert to local terms of service but was denied. How can this treatment be justified? These are just 2 examples of hundreds of others who have suffered under this policy. Many overseas officers have married local persons or raised their children here. Hong Kong has clearly become their home. Why should these long serving employees be denied the right to remain in the civil service?

The Bill of Rights Ordinance (Chapter 383)

17. Relevant sections of the Bill of Rights are as follows -

Entitlement to rights without distinction

(1) The rights recognized in this Bill of Rights shall be enjoyed without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.