TNAG-2669-FCO40-3866-Hong-Kong-Civil-Service-1993 — Page 252

CONFIDENTIAL

expatriate officers on permanent terms to be retired or

superseded (with compensation) to make way for local officers who will fill the principal official posts specified in the

Basic Law.

4.

In

The AECS have always considered the policy as it applies

to contract officers to be unreasonable as it can result in officers who have served in Hong Kong for many years losing their jobs. They argue that officers on overseas terms who have been ordinarily resident in Hong Kong for seven years should be given the opportunity to transfer to local terms, if they wish to do so in order to keep their job. They contend

that the current policy breaches the Bill of Rights (BOR).

essence their case is that the Basic Law provides for the SARG

to employ permanent residents and for foreign nationals who have been ordinarily resident in Hong Kong for seven years to become permanent residents. Although the Basic Law will not

come into force until 1997, and despite the fact that the

Immigration Ordinance does not currently provide for non Chinese to be eligible for permanent resident status, they

contend that the localisation policy should be brought into

line with the Basic Law. They argue that the current policy is contrary to Article 21 of the BOR Ordinance which provides

that "Every permanent resident shall have the right and

opportunity ...without unreasonable restrictions...to have on general terms of equality, to public service in Hong Kong."

5. The HKG have sought independent legal advice from David Pannick QC on this issue. He agrees with the AECS that

British nationals who have been ordinarily resident in Hong

Kong for seven years are recognised in UK legislation as having a status in Hong Kong equivalent to permanent resident He recommends that the localisation policy should be

status.

VILS/bp

CONFIDENTIAL