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Mr R Morris Mr J Morris, FCO
ECISTRY
RECE
(SFEB 1991
HONG KONG ACT 1990: POTENTIAL SHORTFALL OF APPLICANTS
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At our meeting last week with Mr Morris, we agreed that I should investigate with Legal Advisers what action, if any, might be taken if, against expectation, there was a significant shortfall in applications for citizenship.
Miss Davies has provided the attached opinion which confirms what we, the FCO and HKG expected. If fewer than the upper limit set in the Direction apply under the points-driven classes (GOC and DSC), the Governor is bound to recommend all who are eligible and of satisfactory character. In the SSC and EC, which operate by invitation, the Governor can leave places unfilled. (This would be likely to happen only in the EC where the Governor might not be satisfied about quality of applicant.)
A further Direction to cancel the first one and reduce the number of places to be recommended in the first tranche would seem likely to be ultra vires. The only available option for getting round a shortfall of applicants in the GOC and DSC would be to extend the closing date. for applications. The Governor would do this by local regulation.
cí
Usbrooks, Lyal Advisers, (1 199)
Grateful for a second opinion on Ms Dowies' legal advice,
J Morris
HKD
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J S PAGE
11 February 1991.
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