SECRET
XCX(93)35
43
The AECS is likely to be split by the change in policy. Most will welcome the possibility of transfer to local terms, albeit the reliance on the definition of "permanent resident" in the Immigration Ordinance and the language requirement for the eventual transfer to permanent terms will attract some criticism. It will be argued that such reliance still contains elements of discrimination in that it would currently allow an overseas officer who is wholly or partly of Chinese race to acquire permanent resident status and transfer to local terms without first being naturalised as a BDTC. We will argue that in the circumstances of Hong Kong that is a differentiation based on objective and reasonable criteria but there remains a possibility that AECS will persist in its challenge on those grounds. However a sizeable minority has always been opposed to plans to take Government to court, on the grounds that there will eventually be a backlash against expatriates.
44
Government normally consults the central staff consultative councils before introducing any major policy changes affecting the civil service. In this case, we intend to inform them only and implement the changes immediately. This is because if we were to consult them we would have to impose a moratorium on the localisation policy by extending contracts during the consultation period. Otherwise the AECS will probably take Government to court. As the local staff associations are expected to object strongly to the proposed changes and China may be lobbied into supporting their case in public, it could be very difficult for Government to extricate itself from a moratorium. As a result of the opposing pressures we might find ourselves paralysed somewhere between the old policy and the new.
45
We would however assure staff associations that we intend to consult them on longer term arrangements, such as those mentioned in paragraph 40 above. Hopefully the promise of consultation on those issues would deflect staff opposition to some extent. The rationale for change must be carefully explained to them to try to prevent as far as possible the civil service being polarised along racial lines.
PUBLIC CONSULTATION
46
The Legislative Council Panel on Public Service has discussed the subject at two recent meetings and views of Panel members have been taken into account in preparing the proposed changes. Most members avoided taking a clear cut stance.
Executive Council
No comments yet.
Private notes are available after approval.