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HOME OFFICE
Queen Anne's Gate London SW1H 9AT
Direct line 01-213 Switchboard 01-213 3000]
W Jones Esq
Nationality and Treaty Department
Foreign and Commonwealth Office
Clive House
Petty France
LONDON
SW1H SHD
NATIONALITY BILL:
RECEIVED
HICK 340/1
CORY HO. 51 1 APR 1981
DESK OLACER
INDEX
You
No
Our reference
PA
REDUSTRY Action Taken
Mas Bal 1602319
NTY/77 360/0/13
Date
25 February 1981
98а
seer ISO A Sell
DEFINITION OF CROWN SERVICE:
INCLUSION OF UNOFFICIAL MEMBERS OF THE EXECUTIVE
AND LEGISLATIVE COUNCILS IN HONG KONG
I am sorry that we have not replied earlier to your letter of 12 February on this point.
We have consulted our Legal Advisers who are doubtful whether these officers duties fall within the ambit of Crown Service for the purposes of the Nationality Bill. The normal requirement in such cases is that there should be something which is for all intents and purposes a contract of employment operating in a structured environment in which the persons concerned are subject to instructions. However it is understood that for instance, the unofficial members are not paid (beyond an attendance allowance) and that they are free to behave in the Councils as they see fit. It is not sufficient, in our Legal Advisers view, that these members may be doing interests nor that they are appointed by the Crown.
good service to Crown
CONFIDENTIAL
J A INGMAN
Nationality Law Unit