TNAG-2668-FCO40-3865-Hong-Kong-Civil-Service-1993 — Page 25

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

(c)

KUNCT

CONFIDENTIAL

Renewal of contracts

In addition to the normal criteria applicable to both local and overseas officers (i.e. service need, satisfactory conduct and performance and physical fitness), overseas officers would only have their contracts be renewed if a qualified and suitable local candidate is lacking. In relation to a promotion rank, it is sufficient to show that non-renewal will result in a need to appoint another overseas cfficer to fill a consequential vacancy at a lower level in the same grade.

18. These

differences are

unfavourable for the overseas officer. In essence, their effect is that unlike the local officer, he has no security of

of employment. Overseas officers who are not permanent residents, cannot rely on Article 21.

officers who have become

But overseas

permanent residents can.

19.

Having regard to these unfavourable differences, does the overseas officer who is a permanent resident enjoy the right and the opportunity, without any of the distinctions mentioned in Article 1(1) and without

unreasonable

restrictions, to have access on general terms of equality to public service in Hong Kong?

The following matters arise for consideration:

(a) Is there access on general terms of equality?

11

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