The Basic Law of the Hong Kong Special Administrative Region of the People’s
Republic of China (Adopted at the Third Session of the Seventh National People’s
Congress on April 4, 1990)
72
Instrument A101
Article 102
The Government of the Hong Kong Special Administrative Region
shall pay to public servants who retire or who leave the service in
compliance with regulations, including those who have retired or who have
left the service in compliance with regulations before the establishment
of the Hong Kong Special Administrative Region, or to their dependants,
all pensions, gratuities, allowances and benefits due to them on terms no
less favourable than before, irrespective of their nationality or place of
residence.
Article 103
The appointment and promotion of public servants shall be on the
basis of their qualifications, experience and ability. Hong Kong’s previous
system of recruitment, employment, assessment, discipline, training and
management for the public service, including special bodies for their
appointment, pay and conditions of service, shall be maintained, except for
any provisions for privileged treatment of foreign nationals.
Article 104
When assuming office, the Chief Executive, principal officials,
members of the Executive Council and of the Legislative Council, judges
of the courts at all levels and other members of the judiciary in the Hong
Kong Special Administrative Region must, in accordance with law, swear
to uphold the Basic Law of the Hong Kong Special Administrative Region
of the People’s Republic of China and swear allegiance to the Hong Kong
Special Administrative Region of the People’s Republic of China.