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== Background == |
== Background == |
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Following the end of the [[Second World War]], the [[Hong Kong government]] introduced a policy that local Chinese officers would have priority in appointment to the civil service but due to a lack of localised training, the government relied on expatriate officers and hiring them on preferential terms.<ref>https://www.scmp.com/article/137682/end-expat-era</ref> Following the 1984 [[Sino-British Joint Declaration]], the government increased its localisation policy by introducing restrictions so that certain positions could only be filled by local candidates.<ref>https://www.scmp.com/article/31466/why-civil-service-must-tread-neutral-path</ref> New expatriate contracts were also restricted, with some perks being removed from new contracts (such as the [[Hong Kong Civil Service cruise perk|clause that expatriates would receive a cruise back to the UK after their contract ended).<ref>https://www.nytimes.com/1992/09/13/world/hong-kong-scuttles-civil-service-bon-voyage.html</ref> Some branches stopped hiring expatriate contracts altogether, with the [[Hong Kong Police|Royal Hong Kong Police]] stopping recruiting from overseas in 1994 when their last group of British Inspectors joined.<ref name=lang>https://www.scmp.com/news/hong-kong/article/1581967/its-end-era-hong-kong-force-see-first-time-drop-expat-policemen</ref> Other positions also introduced Chinese language requirements that otherwise did not previously exist.<ref name=lang /> |
Following the end of the [[Second World War]], the [[Hong Kong government]] introduced a policy that local Chinese officers would have priority in appointment to the civil service but due to a lack of localised training, the government relied on expatriate officers and hiring them on preferential terms.<ref>https://www.scmp.com/article/137682/end-expat-era</ref> Following the 1984 [[Sino-British Joint Declaration]], the government increased its localisation policy by introducing restrictions so that certain positions could only be filled by local candidates.<ref>https://www.scmp.com/article/31466/why-civil-service-must-tread-neutral-path</ref> New expatriate contracts were also restricted, with some perks being removed from new contracts (such as the [[Hong Kong Civil Service cruise perk|clause that expatriates would receive a cruise back to the UK after their contract ended).<ref>https://www.nytimes.com/1992/09/13/world/hong-kong-scuttles-civil-service-bon-voyage.html</ref> Some branches stopped hiring expatriate contracts altogether, with the [[Hong Kong Police|Royal Hong Kong Police]] stopping recruiting from overseas in 1994 when their last group of British Inspectors joined.<ref name=lang>https://www.scmp.com/news/hong-kong/article/1581967/its-end-era-hong-kong-force-see-first-time-drop-expat-policemen</ref> Other positions also introduced Chinese language requirements that otherwise did not previously exist.<ref name=lang /> |
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== Legal challenges == |
== Legal challenges == |
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Latest revision as of 07:24, 23 September 2025
Localisation was a policy in the Hong Kong Civil Service in the later years of British Hong Kong whereby local Chinese candidates were given priority over British expatriates. The policy was introduced in preparation for the handover of Hong Kong to the People’s Republic of China in 1997. The policy was aimed to ensure government could operate after the handover but was criticised as discriminatory.
Following the end of the Second World War, the Hong Kong government introduced a policy that local Chinese officers would have priority in appointment to the civil service but due to a lack of localised training, the government relied on expatriate officers and hiring them on preferential terms.[1] Following the 1984 Sino-British Joint Declaration, the government increased its localisation policy by introducing restrictions so that certain positions could only be filled by local candidates.[2] New expatriate contracts were also restricted, with some perks being removed from new contracts (such as the clause that expatriates would receive a cruise back to the UK after their contract ended).[3] Some branches stopped hiring expatriate contracts altogether, with the Royal Hong Kong Police stopping recruiting from overseas in 1994 when their last group of British Inspectors joined.[4] Other positions also introduced Chinese language requirements that otherwise did not previously exist.[4] The last Governor of Hong Kong, Chris Patten stated that he wanted localisation to go smoothly and not to cause division between British and Chinese staff.[5]
In the 90s, a number of departments of the Hong Kong Government introduced a policy of forcibly demoting expatriate officers if there were qualified local candidates who could take their positions. This was challenged in the courts by Allan Roger, a civil servant working for the Legal Department, who stated it was a breach of the Hong Kong Bill of Rights Ordinance.[6] The Hong Kong High Court ruled partially in favour and partially against.[7] Seven appeals were made to the Hong Kong Court of Appeal, with all being upheld in favour of the expatriate officers on the grounds that it was discriminatory.[8]
