ENG-1995 — Page 50

CONSTITUTION AND ADMINISTRATION

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Traditionally, whether an officer should be offered overseas or local terms was determined before joining the Civil Service. No change of status is acceptable afterwards. However, in the light of the provisions in the Bill of Rights that all permanent residents should have access to the public service on general terms of equality, in 1993 it was decided that a two-stage approach should be adopted.

As an interim measure, the government announced in July 1993 that overseas agreement officers who were permanent residents could apply to transfer to agree- ment terms modelled on local conditions of service. After extensive discussions with staff associations and the Legislative Council, the July 1993 arrangements were modified in July 1994 in respect of applicants for transfer whose agreements were to expire before September 1, 1995.

In December 1994, a more comprehensive set of arrangements was announced to deal with agreement renewal in respect of officers whose agreements were to expire on or after September 1, 1995. Under the new arrangements an agreement officer, whether overseas or local, at a promotion rank who seeks a further agreement on local or locally based conditions, must compete with officers one rank below.

For the longer term, a wide-ranging consultation exercise was started in October 1993 to develop long-term arrangements for Civil Service terms of appointment and conditions of service that would converge with the provisions in the Basic Law, comply with existing Hong Kong laws, and take account of present-day circumstances. The consultation exercise on long-term arrangements for Civil Service "terms of appointment and conditions of service was completed in September 1994. In the light of comments received, the government has proposed introducing a uniform set of terms of appointment and conditions of service for all staff and a definition of a 'local' for the purpose of Civil Service appointments. The rationale is that the differences between local and overseas terms and conditions have become less necessary for the purpose of recruiting and retaining staff of a suitable calibre. There is also a need to have a definition of a 'local' to converge with the Basic Law while complying with existing laws. As the proposals will have implications for the Civil Service after 1997, the issue is being raised in the Sino-British Joint Liaison Group. During the year, the localisation policy has continued to be pursued and the number of local officers holding posts at senior management/professional level increased steadily. At July 1, 1995, local officers constitute about 82 per cent of the total 2 846 officers at senior management/professional level. At directorate level, local officers now constitute about 68 per cent of the directorate.

In January 1995, an overseas officers' association, the Association of Expatriate Civil Servants, and four overseas officers obtained leave to apply for judicial review of certain aspects of the arrangements for: transfer from overseas agreement terms to locally based conditions, the proposals on long-term Civil Service terms of appointment and conditions of service, and the localisation schemes in relation to the filling of future Principal Official posts. The substantive hearing took place in September 1995.

Public Sector Reform

Public sector reform is a programme of financial and management reforms, aimed at bringing about long-term improvements to the efficiency and management of the public sector, and better service and accountability to the community. The Efficiency

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