CONFIDENTIAL
revised.
opinion.
Our Departmental Legal Adviser agrees with his
6.
This is a difficult issue for the HKG. They recognise that the current policy is flawed, but are under strong
pressure from local staff associations to increase the pace of localisation. Also, the Chinese would object strongly to any amendment brought about by the BOR, and may perceive this as
an attempt to extend British influence in Hong Kong. HKG are
considering the following options:
to amend the localisation policy in consultation with the
Chinese on the grounds that they wish to align it with the
Basic Law.
not to amend the policy and hope that, if necessary, it can
be successfully defended in court.
if HKG lose in court, to amend the policy after consultation
with the Chinese or, alternatively, to proceed without
consulting them.
7.
My view is that the localisation policy has served its purpose and is now outdated except to the extent that it helps
to prepare local officers to fill the most senior posts by
1997. The option of consulting the Chinese on a change in policy is unattractive. They will either reject the proposal or give no clear response. The prospect of HKG being taken to Court on an issue they are likely to lose is also unattractive. In my judgement the Chinese reaction would probably be more severe if the policy was changed because it
had fallen foul of the BOR in the Courts than if HKG took the
initiative to change it on some pretext. One reason HKG could use for doing so is that they were taking administrative
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