HKA 016/1
SECRET
Ms Paris (50)
110446 MDLIAN 5571
ISTRY
26 MAI 1993
DES!
SECRET
FM HONG KONG
TO PRIORITY FCO
TELNO 856
OF 270157Z MAY 93
INFO PRIORITY UKREP JLG HONG KONG, PEKING
36
YOUR TELNO 462: LOCALISATION POLICY
TOP COPY Q DIST?
1. THANK YOU FOR TUR. WE HAVE PASSED YOUR REFERENCES ON THE UN DOCTRINE ON DISCRIMINATION IN EMPLOYMENT TO OUR LEGAL ADVISERS.
2.
WE HAVE NOW OBTAINED ANOTHER LEGAL OPINION FROM A LEADING LOCAL COUNSEL (ANDREW LI, QC). HIS ADVICE IS BROADLY IN LINE WITH THAT OF DAVID PANNICK. HOWEVER, MR LI DOES NOT EQUATE 'PERMANENT RESIDENT' IN THE BILL OF RIGHTS WITH THE CURRENT DEFINITION IN THE IMMIGRATION ORDINANCE. HE TENDS INSTEAD TOWARDS AN INTERPRETATION AKIN TO THE TEST UNDER ARTICLE 24 OF THE BASIC LAW. WE SHALL FAX HIS OPINION TO YOU FOR REFERENCE.
3=
鼻
IT SEEMS CLEAR FROM THE ADVICE WE HAVE OBTAINED THAT, IN SO FAR AS IT APPLIES TO OVERSEAS OFFICERS WHO ARE PERMANENT RESIDENTS, OUR LOCALISATION POLICY IS VULNERABLE TO A COURT CHALLENGE. WE ARE NOW CONSIDERING THE OPTIONS AND THE CHINA ANGLE IN GREATER DETAIL. WE SHALL LET YOU KNOW WHEN WE HAVE CARRIED OUR THINKING FURTHER FORWARD.
4. NOT SURPRISINGLY GIVEN THE PUBLICITY, THE CHINESE HAVE ALREADY LATCHED ON TO THIS ISSUE. THE NCNA HAVE VERY RECENTLY APPROACHED CSB AND ASKED FOR AN INFORMAL BRIEFING. WE PROPOSE, PERHAPS AFTER SOME STALLING, TO GIVE THEM A FACTUAL ACCOUNT OF THE CURRENT SITUATION. IGNORING THE REQUEST WOULD SIMPLY HEIGHTEN SUSPICIONS AND INVITE MORE MISUNDERSTANDING.
5. WE NOTE YOUR SUGGESTION THAT WE MIGHT PASS THE BALL TO AN OUTSIDE BODY, SUCH AS THE PUBLIC SERVICE COMMISSION OR A LEGCO COMMITTEE OR PANEL. OUR PRELIMINARY VIEW IS THAT THIS GOES AGAINST THE PRINCIPLE OF EXECUTIVE-LED GOVERNMENT. A REVIEW BY LEGCO WILL INEVITABLY BE HIGHLY POLITICISED AND DIVISIVE, BOTH WITHIN THE COMMUNITY AND THE CIVIL SERVICE. THERE IS A DANGER OF THE ADMINISTRATION BEING LANDED WITH UNACCEPTABLE RECOMMENDATIONS. THE CHINESE WILL ALSO OBJECT TO POLICY BEING MADE BY LEGCO. THE PUBLIC SERVICE COMMISSION ON THE OTHER HAND
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