TNAG-2668-FCO40-3865-Hong-Kong-Civil-Service-1993 — Page 33

33.

KONG.

CONFIDENTIAL

(c) There must not be any of the distinction mentioned in

Article 1(1), namely, a distinction of any kind such

as race, colour, sex, language, religion, political or

other opinion, national or social origin, property,

birth or other status.

(a)

There must not be any unreasonable restrictions.

In applying the principles, the Courts would look at the

substance of the matter and not only the form.

In testing any possible change against these principles, it

is also important to examine:

(a) The rationale of the localisation policy itself.

(b) The rationale of any change.

These rationale should be articulated.

preparing

the public

As far as (a) is

for service

the

concerned, in so far as the rationale is

rationale is to achieve the

objective of

resumption of sovereignty, then there is a strong argument that any localisation policy has to be consistent with but need not move ahead of the Basic Law. As the localisation policy began before the signing of the Joint Declaration in

formulate possible

December

1984,

it

be may

rationale of (a) on wider grounds.

to

the

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