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)
70
Instrument A101
Region, except where otherwise provided for in Article 101
of this Law regarding public servants of foreign nationalities
and except for those below a certain rank as prescribed by law.
Public servants must be dedicated to their duties and be responsible to
the Government of the Hong Kong Special Administrative Region.
Article 100
Public servants serving in all Hong Kong government departments,
including the police department, before the establishment of the Hong Kong
Special Administrative Region, may all remain in employment and retain
their seniority with pay, allowances, benefits and conditions of service no
less favourable than before.
Article 101
The Government of the Hong Kong Special Administrative Region
may employ British and other foreign nationals previously serving in the
public service in Hong Kong, or those holding permanent identity cards
of the Region, to serve as public servants in government departments
at all levels, but only Chinese citizens among permanent residents of
the Region with no right of abode in any foreign country may fill the
following posts: the Secretaries and Deputy Secretaries of Departments,
Directors of Bureaux, Commissioner Against Corruption, Director of Audit,
Commissioner of Police, Director of Immigration and Commissioner of
Customs and Excise.
The Government of the Hong Kong Special Administrative Region
may also employ British and other foreign nationals as advisers to
government departments and, when required, may recruit qualified
candidates from outside the Region to fill professional and technical posts
in government departments. These foreign nationals shall be employed only
in their individual capacities and shall be responsible to the government of
the Region.