Mr McQuade
Reference........
HKC 340/1
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1.
Miss Brett Rooks' minute is most helpful and we shall certainly advance the case of HMOCS and Governors. There are points however on which we need to be clear.
(i)
(ii)
We shall need to define 'governor' so as to differentiate the man we have in mind from the governor of an Australian State (and perhaps from a governor-general of an independent Common- wealth country). Could the definition be 'an expatriate appointed to a pensionable office (under the Governors' Pensions Acts) and was selected for appointment by or with the approval of the Secretary of State?' Perhaps not because I believe that the legal meaning of expatriate is a person who has lost his original citizen- ship on acquisition of another.
Section 2(1)(b) requires that a parent in a category of service designated under section 2(3) is to have been recruited in the United Kingdom. Is there any likelihood of a person serving in one of the three categories with which we are concerned who has a child born to him (or her) after 31 December 1982 having any difficulty in establishing the place of his recruitment? I imagine not. But what will be the position of a person born overseas many years ago whilst his father was in one of the services listed in the Schedule to MISC No 520 and who subsequent to 31 December 1982 has a child of his own born overseas? In order that his child is recognised as a British citizen by descent that person will need to establish that his own father was recruited in the UK and that consequently he himself is a British citizen otherwise by descent. Are there records available which would verify his claim?
2. I am not convinced that HMOJ qualify under the terms of section 2(3). For example if a member of that service administers the law of a dependent territory in that dependent territory can he be said to be 'closely associated with the activities outside the United Kingdom of HMG in the UK?
Malin.
CODE 18,77
5 February 1982
cc: Mr Rushford
HM Paterson
Nationality & Treaty Dept