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The Joint Declaration and the Basic Law
The Basic Law and the senior posts
25. Since we last formally protested the localisation policy by a Petition to the Governor in 1988, the Basic Law has been promulgated. It expressly contemplates the continued employment of foreign nationals, except in certain high ranking posts (Section 6 of Chapter IV). We do not argue against this narrow exclusion.
The Chinese attitude
What Chinese officials have told us
26. In 1986 Mr. Lu Ping and Mr. Ji Peng-fel of the Hong Kong and Macau Affairs Office told our Association that local and overseas civil servants would be treated without discrimination, that Hong Kong should be administered by locals. (including overseas officers who had become locals by having worked in Hong Kong for many years), that China hoped that overseas officers would remain in service and that the 1.6% portion of the civil service held by overseas officers was not excessive (the portion is now 1.2%).
27. At meetings with local NCNA officials last Summer and Autumn, these assertions were re-confirmed. It is worth noting that the meetings were at the request of the NCNA officials who wished to make it clear to us that it was not China's policy to remove overseas officers, except with respect to the senior posts. The officials cited the Joint Declaration and the Basic Law to reassure us.
The British attitude
Proposals encourage officers to stay
28. Apart from the top few posts, the British Government's policy is generally to encourage overseas officers to remain working in the public service after the transfer of sovereignty. This is in direct contrast to the Hong Kong Government's attitude. A curious combination of policies!
29.
Hong Kong's policy!
Clearly, the Hong Kong Government cannot defend its present policy as one which either Britain or China is imposing on it. It must be defended by Hong Kong on its own merits, if there are any.
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