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FROM HONG KONG BILL UNIT

C

10.04.1998 18:37

NO. 3 P.46

EXPLANATORY NOTE

(This note is not part of the Order)

Section 1(1) of the British Nationality (Hong Kong) Act 1990 provides that the Secretary of State shall register as British citizens up to 50,000 persons recommended to him for that purpose by the Governor of Hong Kong under a scheme or schemes made and approved in accordance with Schedule I to that Act. Paragraph 1 of that Schedule provides that effect shall be given to any such scheme by an Order in Council setting out the terms of the scheme. Paragraph 2 (a) of the Schedule provides that the scheme set out in the order in Council shall, in the case of the first Order to be made, be a scheme submitted by the Governor with such modifications (if any) as the Secretary of State may think necessary or expedient.

This Order is the first to be made under the Act and gives effect in the Schedule thereto, without modifications, to a scheme submitted by the Governor. The scheme provides that the Governor may make recommendations in respect of persons falling within four classes within a quota prescribed by the scheme. Those classes (with the respective quotas in brackets) are the general occupational class (36,200), the disciplined services class (7,000), the sensitive service class (6,300) and the entrepreneurs class (500).

Part II of the scheme makes provision for the general occupational class and provides for applicants to be recommended according to the number of points allocated to them within the quota prescribed by the scheme for the particular occupation or occupational group in which they apply. Under Part II points are allocated to an applicant for age, experience, education and training, special circumstances, proficiency in the English language, connections with the United Kingdom and public and community service.

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