HONG KUNG.
(b)
CONFIDENTIAL
As the distinction here does infringe Article 1(1), it
cannot be a reasonable restriction.
(c) If the
distinction in question does not infringe
Article 1(1), whether it is а reasonable
unreasonable
circumstances, including in
background, rationale and impact.
restriction would depend on all the
particular on its
Conclusion
23.
Accordingly, it is our view that a Court is likely to hold
that the present localisation policy infringes Article 21.
It deprives those permanent residents who are or who would
on recruitment be serving on overseas' terms of the right
and 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.
Further points
Establishment of status before appointment
24.
We wish to make two further points.
First, CSR 115(2) provides that the status of a
candidate whether he is local or overseas must be
established before he is offered appointment. No change in
status is allowed thereafter. In our view, this causes
inevitable difficulties as far as compliance with the BOR
14
—
14-
No comments yet.
Private notes are available after approval.