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HKG 340/1
Reference
HKA 340/1
Mr McQuader
Mr Clift
A,B,C,D,
E, F
26/1181?
G
H
BRITISH NATIONALITY ACT 198: CROWN SERVANT
1.
OVISIONS
The
Please see Mr Paterson's (NTD) minute of 14 January. categories in which this department has a prime interest are Governors, members of HMOCS, and contract administrative and
legal officers.
2.
and Hmoj
Governors. The position of Governors was considered in late 1980/early 1981 (folios 38 and 39 on HKG 340/1 (1980) and 2 - 5 on 1981 files). Some Governors are already members either of the DS or HMOCS. Those who are not (contract officers, military and political appointees) could qualify for membership of HMOCS in the terms of Msc.520 of 1954 paragraph attached.
a.
he is an expatrãite appointed to a pensionable office (under the Govenors' Pensions Acts) and was selected for appointment by or with the approval of the Secretary of State, except that being a Governor in itself may not make a person a member of an administrative service; they would need to apply.
It would be worth considering a circular letter to all Governors to be BU'd on each appointment drawing this to their attention.
3. Separate consideration was given to whether contract etc Governors could come within the 'Crown Service' definition per se in Section 2(3). Mr Rushford's minute of(22) January deals more extensively with this point. Mr Paterson minuted on 2 February 1981 that Governors should be included 'in the categories of persons to be defined under section 2(3)' which accordes with Mr Rushford's minute. This seems the optimum solution and dispenses with the need for a letter as in para.2. We should confirm that NTD have done this.
4.
HMOCS
HMOCS was formed in 1954. Misc.520 (attached) gives the background; qualifications for members-hip. and organisations constituting HMOCS. Once an officer is a member, he remains so throughout his pensionable career. Thus, most of the 'contract' officers in the dependent territories were formerly HMOCS officers but no 'contract' officer is or remains a member.
5. Contract administrative, legal and judicial officers.
They are mostly (necessarably elderly) ex-HMOCS and ex-HMOJ officers. But there are some, and maybe others in the future, who could be affected. According to Mr Adams' minute of 27 November 1980, 'UK-recruited staff employed by colonial governments (other than HMOCS)' are to receive the same treatment as businessmen. Their children, according to Mr Whitelaw's letter of 19 September 1981, would (unless children of a BS by birth) be entitled to registration within 12 months of birth with discretion to accept letter registrations.
CODE 18-77
SS 8/78
16.