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CROWN AND PUBLIC SERVICE IN HONG KONG
4. WE NOTE THE LATEST LEGAL ADVICE THAT CROWN SERVICE MAY AFTER ALL COVER UNOFFICIALS. WE SHOULD APPRECIATE CONFIRMATION THAT THIS IS IN FACT THE CASE. IT IS SO IMPORTANT TO US THAT WE WOULD, IN ADDITION, BE VERY GRATEFUL TO HAVE THE REASONS IN SUPPORT OF THIS INTERPRETATION AND AN ASSURANCE THAT THIS IS ACCEPTED BY MINISTERS SO THAT THE MATTER IS THEN BEYOND DOUBT.
5. THE OPTIONS OPEN TO US ARE SET OUT IN THE FOLLOWING PARAGRAPHS.
6. YOUR PROPOSAL OF A SIMPLE AMENDMENT TO SCHEDULE 1 PARAGRAPH I (3) WOULD IN OUR VIEW NOT GO QUITE FAR ENOUGH. ON FURTHER CONSIDERATION IT WOULD SEEM TO BE NECESSARY TO INCLUDE WITHIN THIS AMENDMENT THE DELETION OF THE WORDS ''UNDER THE GOVERNMENT OF THE UNITED KINGDOM IN PARAGRAPH 1(1)(D)(II) OF SCHEDULE 1. THIS ADDITION WOULD BE NECESSARY TO COVER THE VERY IMPORTANT SITUATION IN WHICH, FOLLOWING NATURALISATION, THOSE IN CROWN SERVICE WERE REQUIRED TO CONTINUE TO SERVE IN HONG KONG IN ORDER TO PROVIDE THE STABILITY AND ADMINISTRATION WHICH IN SOME FUTURE SITUATION MIGHT BE VERY ESSENTIAL. WITH THIS ADDITION THIS SOLUTION WOULD BE OUR FIRST CHOICE PROVIDED UNOFFICIALS ARE COVERED.
7. THE NEXT ALTERNATIVE WOULD BE THE SIMPLE AMENDMENT TO SCHEDULE 1 PARAGRAPH 1(3) WHICH YOU HAVE PROPOSED, TOGETHER WITH AN INSERTION, AFTER SUB-PARAGRAPH (E) OF PARAGRAPH 2 OF SCHEDULE 1, OF THE FOLLOWING NEW SUB-PARAGRAPH:
''(F) TREAT THE APPLICANT AS FULFILLING THE REQUIREMENTS OF PARAGRAPHL1(1) (D) (II) AND (3) AS REGARDS CROWN SERVICE IF HE IS PERFORMING OR HAS PERFORMED ANY DUTIES OR FUNCTIONS FOR THE GOVERNMENT OF THE UNITED KINGDOM OR OF ANY DEPENDENT TERRITORY''.
SUCH AN AMENDMENT WOULD ALLOW THE HOME SECRETARY IN HIS DISCRETION TO TREAT SERVICE TO THE CROWN IN HONG KONG, WHETHER AS AN OFFICIAL OR AN UNOFFICIAL, AS ONE OF THE QUALIFYING REQUIREMENTS FOR THE PURPOSES OF APPLICATIONS FOR NATURALISATION AS A BRITISH CITIZEN. IT WOULD PLACE THE PROBLEM OF UNOFFICIALS BEYOND ARGUEMENT AND WOULD ALSO COVER PENSIONERS AND RETIRED UNOFFICIALS. IN ADDITION IT WOULD ALLOW THOSE OFFICIALS WHO FELL WITHIN S.1(D) (1) TO APPLY FOR NATURALISATION. THE LIMITATION ON NUMBERS WOULD LIE IN THE INTRODUCTORY PHRASES OF PARAGRAPH 2, BUT IF THIS WOULD BE INSUFFICIENT TO OBTAIN AGREEMENT, IT COULD BE STRENGTHENED ALONG THE LINES OF PARAGRAPH 70 OF THE WHITE PAPER.
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