SECRET
XCX(93)35
36
It seems preferable, if we believe our current policy to be wrong, to take the initiative and advocate change on our own terms. Change can be implemented administratively by amending the Civil Service Regulations. No new or amending legislation is required.
The Longer Term View
37
As a longer term solution both to this and to the parallel controversy over the differences in conditions of service between local and overseas officers, consideration is being given to having one common set of terms and conditions for both types of appointments. It would then only be when there was a genuine shortage of expertise in a special area and the common terms failed to attract suitable candidates that enhanced terms might be considered on a case by case basis. Considerable work remains to be done if we are to develop this concept. It involves a fundamental change to our appointments policy and consultation with the Chinese would be required in due course.
Presentation To The Chinese
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In presenting the proposed changes to the Chinese and the public, we would emphasize the practical need to deal with the applications we have received for transfer to local terms. This is a new phenomenon. We would also stress the value of keeping in the public service long serving overseas officers who have special expertise and experience and who are committed to staying here and serving the community. We would also assure the Chinese that since those overseas officers are mainly occupying professional and technical posts, allowing them to change to local terms would not affect the filling of Principal Official posts after 1997. As we do not propose to allow any transfer from overseas terms to local pensionable terms before an agreement is reached with the Chinese regarding longer term arrangements, we are not committing the SARG in any way.
39
Despite our assurances and our best efforts to steer the Chinese away from the BOR, it will not be possible to deny with any credibility that the BOR is one of the factors behind the changes. The Chinese are likely to be hostile given their stance on the BOR. As explained in paragraphs 18 - 19 above, the Chinese are, for this and other reasons, likely to be instinctively hostile to the changes. They may well argue that we are pre- empting future discussions on arrangements for convergence with the Basic Law.
Executive Council
Page 195Page 196
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