TNAG-2668-FCO40-3865-Hong-Kong-Civil-Service-1993 — Page 39

1.

-

KONG.

CONFIDENTIAL

Annex 1 (para.6 of Opinion)

Legal context in June 1991

2.5

The Joint Declaration (December 1984)

Annex I Article IV and Article XIV contain provisions relating to the public service and persons entitled to the

right of abode.

Article

IV provides that

the

Hong

Special

("HKSAR") Government may employ

Kong

Administrative Region

British and other foreign nationals previously serving in

and recruit British may recruit

the public service and may

other

foreign nationals holding permanent identity cards of the SAR to serve as public servants at all levels except the

most senior posts. The appointment and promotion of public

servants

shall be

on

the basis

of

qualifications,

experience and ability.

Hong Kong's previous system of

recruitment

provisions

etc. shall

providing privileged

be maintained save

for

arY

treatment for foreign

nationals.

Article XIV provides that the persons entitled to the right of abode and to permanent identity cards stating such in Hong Kong and right include Chinese nationals born Chinese nationals who have ordinarily resided in Hong Kong

for

and children

born

They also

7 a continuous period of years and outside Hong Kong of such Chinese nationals.