CODE 18.77
HK
Mr McQuade нKеD
Reference.....
HKG 340/1
(17)
нка
•HKG 340/1
св
BRITISH NATIONALITY ACT 1981
1. Fortunately Miss Brooks kept a copy of Mr Rushford's minute of 22 January 1982, to which I think Miss Brett-Rooks must have been referring. I attach another copy.
2.
I am not entirely convinced of the need to designate Governors under section 2(2)(b) of the British Nationality Act 1981, and indeed Mr Rushford says in his paragraph 19 that there are arguments against it. However, his minute does at the very least illustrate that the position is doubtful. I therefore concur in the proposal to make a designation.
3.
Mr Rushford's minute also refers to other persons in dependent territories who may be in the same position. On the assumption that the Department would wish to cover them too, I suggest expanding the form of words given in my minute of 18 February. I suggest:-
11
... service as Governor of a dependent territory, or as a member of his staff,
or as a member of Her Majesty's Oversea Judiciary.'
4. The persons concerned would of course only qualify if they were British citizens, recruited in the UK. This is provided in section 2(1) of the Act and need not be repeated in the designation.
17 March 1982
Cc Miss S Brooks LEGAL ADVISERS
7. Burrows
F Burrows
Legal Counsellor