TNAG-2781-FCO40-4000-Future-of-Hong-Kong-constitutional-development-Chinese-reac-1993 — Page 112

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

1.8.93

20.8.93

20.8.93

Hon Man in Wen

Wei Po

HKMAO Director

Lu Ping

Chinese sources quoted by HK

Economic Journal

20.8.93

Chinese sources quoted by HK Daily News

20.8.93

Tai Kiu in Wen

Wei Po

20.8.93

Shue Gun in Ta Kung Pao

21.8.93

Fong Tat in Wen Wei Po

21.8.93

Man Wo in Ta Kung Pao

22.8.93

Former BLDC member Wang Shuwen

CONFIDENTAL

12

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Any court action by local civil servants should be against the British Government rather than the HK Government. Otherwise, it will be HK taxpayers who will ultimately pay for any costs even if local civil servants win the lawsuit.

The definition of "permanent residents" should be amended in accordance with the BL. The spirit of the JD and the BL is to have HK's system remain unchanged. The new policy represents a major change that should be discussed with the Chinese side.

China is worried that drastic action by local civil servants will affect the stability of the civil service. It has indicated that it would like to discuss the issue in the September JLG meetings. will not seek to replace old inequities with new ones. The BL states that expatriates can stay in the SAR civil service.

China

It is difficult for the Chinese Government to accept that a person can have two places of permanent residence. To become a HK permanent resident, a foreign national must register HK as his only place of permanent residence.

It is not against human rights if either of the contracting parties decides not to have a contract renewed.

The move is a bid to extend British influence in HK beyond 1997.

The new policy hits the morale of the civil service, adversely affects HK's smooth transition and hampers the implementation of the "HK people running HK" concept.

The Chinese language proficiency requirement for expatriates proposed by the Local Crown Counsel Association is not too tough.

The BL stipulates that expatriate civil servants must take HK as their place of permanent residence before they can become HK permanent residents after 1997. It is necessary to study in detail the definition of place of permanent residence.

CONFIDENTIAL

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