TNAG-2668-FCO40-3865-Hong-Kong-Civil-Service-1993 — Page 36

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

equality.

FRI 28 MNAN

CONFIDENTIAL

Further,

would they

+0.02

appear

to

be

unreasonable restrictions unless there is a rational

justification therefor.

(d)

Introduction of a cut off point (eg 10 years) after

which all overseas officers irrespective of whether

they are on

or pensionable

agreement

required to convert to local terms.

terms are

a matter

This assumes that this could be done as of contract. If it could be, then it may comply with

the test of "on general terms of equality".

The 10

year cut off point would appear to be arbitrary and could be an unreasonable restriction unless there is

a rational justification.

(e)

agreement officers

years.

Introduction of a policy that contracts of

overseas

should

should not be renewed beyond

6

(£)

This would

maintain a distinction

against

As

overseas officers as far as renewal is concerned. discussed in the Opinion in relation to the present localisation policy, this would infringe Article 21 as regards overseas officers who are permanent residents.

Not allowing overseas officers

who were appointed

after 28th March 1985 to change to local terms.

From

-

22

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