RAY WHITNEY, O.B.E., M.P.

HOUSE OF COMMONS

LONDON SWIA OAA

(85

196.

HKI

340/1

RECEIVED 193 ØFAISTRY NO. 51

19 FEB 1981

DESK OFFICER

INDEX

PA

REGISTRY Action Taken

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830.3

Pas 3013

18th February 1981

Richard Luce, Esq., M.P.,

Parliamentary Under Secretary of State, Foreign and Commonwealth Office,

Downing Street,

London SW1.

Cc NTD

Drew Listed

Дем

Richard,

Nationality Bil1

LAKGD

See (86) +(87)

We agreed that a brief note on the visit paid by Edward Lyons and myself to Hong Kong to examine the effect on the Colony of the Nationality Bill would be helpful in advance of a meeting between us.

I enclose a copy of our agreed press statement which, I hope, speaks for itself. We were persuaded that the need for continuing good and loyal public administration in Hong Kong necessitates changes in the Bill in relation to Crown Service so that the provisions in this area are more in line with Paragraphs 69 and 70 of the Government White Paper on British Nationality Law (Command No. 7987) than they are at present. You will not need me to elaborate on the special circumstances of Hong Kong but I believe that amendments could be found which should apply to all the remaining dependent territories.

Given the problem of "unofficials", the judiciary and possibly certain other people outside government employ in Hong Kong, I suggest the approach should be on the basis of "service to the Crown" rather than "Crown service".

I suggest that the appropriate discretion of the Home Secretary to grant naturalisation to officials and unofficials might be covered on the following lines:-

1.

The present definition of "Crown service" in Clause 46(1) of the Bill to be understood to extend to persons who are in the service of the Crown under the government of a dependent territory, (but not to unofficials).

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