TNAG-2669-FCO40-3866-Hong-Kong-Civil-Service-1993 — Page 265

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MDHIAN &.24

APPROACH SHOULD RESULT IN A SMALLER NUMBER OF TRANSFERS AND IS ACCORDINGLY PREFERRED.

WE ESTIMATE THAT THERE ARE NEARLY 1,000 OVERSEAS AGREEMENT OFFICERS WOHO WOULD QUALIFY AS POTENTIAL 'PERMANENT RESIDENTS'. A BREAKDOWN OF THESE IS BEING FAXED SEPARATELY TO MORRIS. WE THINK THAT ABOUT 400 MIGHT ACTUALLY APPLY FOR PERMANENT RESIDENT STATUS UNDER THE 'OPTIONAL' APPROACH. BUT THIS IS ONLY A GUESS INDIVIDUAL CIRCUMSTANCES AND PERCEPTIONS VARY WIDELY. THE MAJORITY OF APPLICANTS ARE HOWEVER LIKELY TO BE PROFESSIONAL OFFICERS IN THE LANDS AND WORKS AND LEGAL GROUPS OF DEPARTMENTS.

5. THE OPTION FOR TRANSFER WOULD BE MADE AVAILABLE ONCE ONLY TO

EACH OVERSEAS OFFICER. ON BECOMING A PERMANENT RESIDENT HE WOULD NEED TO APPLY FOR A TRANSFER AS SOON AS POSSIBLE BEFORE HIS CURRENT CONTRACT EXPIRES. SHOULD HE FAIL TO DO SO HE WOULD REMAIN ON OVERSEAS TERMS AND BE SUBJECT TO LOCALISATION. AS A TRANSITIONAL ARRANGEMENT, WE MAY NEED TO GRANT EXTENSIONS TO SOME OFFICERS WHO NEED TO APPLY FOR NATURALISATION IN ORDER TO BECOME PERMANENT RESIDENTS AND TRANSFER TO LOCAL TERMS. TRANSFERS WOULD ALSO BE CONSIDERED ON THE CRITERIA OF SERVICE NEED, PERFORMANCE AND

PHYSICAL FITNESS.

6. THE OFFER OF LOCAL TERMS WOULD BE ON AN AGREEMENT BASIS IN

THOSE GRADES WHICH CURRENTLY OFFER LOCAL AGREEMENT TERMS. HOWEVER IN ABOUT TWO THIRDS OF GRADES (INCLUDING THE POLICE) LOCAL AGREEMENT TERMS ARE NOT CURRENTLY ON OFFER. TO OFFER LOCAL PENSIONABLE TERMS WOULD MEAN COMMITTING THE SARG AND INVITE DEMANDS FOR CONSULTATION. ON THE OTHER HAND, OFFERING THESE OFFICERS LOCAL AGREEMENT TERMS WOULD BE BOUND TO LEAD TO DEMANDS FROM EXISTING LOCAL OFFICERS FOR SIMILAR TREATMENT. WE WANT TO AVOID THIS AS IT

COULD SERIOUSLY UNDERMINE THE CAREER SERVICE ETHIC WHICH NEEDS TO BE PRESERVED AT THIS CRITICAL TIME (PARTICULARLY IN THE POLICE).

7. TO GET ROUND THE DIFFICULTY IN PARAGRAPH 6 ABOVE, WE PROPOSE

TO OFFER TRANSFERRING OVERSEAS AGREEMENT OFFICERS IN GRADES NOT CURRENTLY OFFERING AGREEMENT TERMS ONE LOCAL CONTRACT ONLY. WE WOULD TELL THE OFFICERS CONCERNED THAT WE WOULD EXPECT ANY FURTHER OFFER OF EMPLOYMENT TO BE ON A PENSIONABLE BASIS AND THAT PROFICIENCY IN THE CHINESE LANGUAGE WOULD BE A CONDITION FOR SUCH EMPLOYMENT. HOPEFULLY THIS WOULD ENABLE US TO RESIST DEMANDS FROM EXISTING LOCAL PENSIONABLE OFFICERS TO CONVERT TO AGREEMENT TERMS. SUBSEQUENTLY IT MIGHT BE NECESSARY TO DISCUSS WITH THE CHINESE WHETHER TO OFFER PENSIONABLE TERMS TO ANY OFFICERS IN THIS

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