CONFIDENTIAL

HKD 340/4

45

051267 NDLOAN 2113

CONFIDENTIAL

FM FCO

TO ROUTINE HONG KONG

TELNO 327

OF 151715Z FEBRUARY 91

RECEIVED IN REGIS 2/

INFO PRIORITY BTC HONG KONG, HKGO LONDON

MAN OFFICEA

#

YOUR TELNO 379: BRITISH NATIONALITY (HONG KONG) ACT: TAKE UP 1. WE WERE MOST GRATEFUL FOR YOUR COMMENTS ON THE TAKE-UP SITUATION, WHICH WE ARE WATCHING WITH MOUNTING INTEREST AS THE DEAD-LINE APPROACHES.

2.

ON THE ASSUMPTION THAT THE EVENTUAL TAKE-UP WILL BE SIGNIFICANTLY LOWER THAN THAT WHICH WE HAD EARLIER ANTICIPATED, WE SHOULD BE GRATEFUL TO RECEIVE, AS SOON AS POSSIBLE AFTER CHINESE NEW YEAR, YOUR ADVICE ON DEFENSIVE LINES TO TAKE IN RESPONSE TO THE INEVITABLE QUESTIONS AND CRITICISM. YOU SHOULD BE AWARE THAT THE LABOUR OPPOSITION ARE ALREADY SPEAKING CRITICALLY OF THE SCHEME AS A QUOTE SHAMBLES UNQUOTE AND ARE LIKELY TO TRY TO GET MAXIMUM POLITICAL CAPITAL FROM THE EVENTUAL OUTCOME.

3. WE HAVE BEEN GIVING SOME THOUGHT TO WHAT SHOULD BE DONE IF THE TOTAL NUMBER OF APPLICATIONS FELL SHORT OF THE AVAILABLE PLACES OR EVEN EXCEEDED THIS AMOUNT BY A SMALL MARGIN. SUCH AN OUTCOME WOULD INEVITABLY GIVE RISE TO CRITICISM THAT PEOPLE WHO WERE NOT QUOTE GENUINELY KEY UNQUOTE WERE BEING COVERED BY THE PACKAGE). IN SUCH A CASE, IN THE VIEW OF THE HOME OFFICE'S LEGAL ADVISERS, THE GOVERNOR WOULD BE OBLIGED TO RECOMMEND FOR A PASSPORT ANY APPLICANT (IN THE GENERAL OCCUPATION CLASS

AND DISCIPLINED SERVICES CLASS) WHO WAS ELIGIBLE AND OF GOOD

CHARACTER (HOWEVER LOW HIS POINTS SCORE). SUCH INDIVIDUALS COULD NOT (NOT) BE EXCLUDED BY REDUCING THE NUMBER OF PLACES

AVAILABLE IN THE GOC AND DSC IN THE FIRST TRANCHE. THIS WOULD

BE ULTRA VIRES UNDER THE ACT.

4.

IN SUCH CIRCUMSTANCES, THE ONLY SOLUTION WOULD BE TO EXTEND THE DEADLINE FOR APPLICATIONS, IN THE HOPE THAT BETTER QUALIFIED PEOPLE WOULD COME FORWARD. WE THINK IT VERY LIKELY THAT FCO AND HOME OFFICE MINISTERS WOULD WANT THE DEADLINE TO BE EXTENDED, PERHAPS BY A MONTH IN THE FIRST INSTANCE. GRATEFUL TO KNOW HOW MUCH NOTICE YOU WOULD REQUIRE IF MINISTERS DECIDED TO SEEK AN EXTENSION OF THE DEADLINE.

5.

WE WOULD ALSO BE INTERESTED TO KNOW WHAT THE FINANCIAL IMPLICATIONS WOULD BE IN THE EVENT OF A SHORT-FALL. A LOWER LEVEL OF APPLICATIONS WOULD OF COURSE MEAN LESS REVENUE THAN

1

PAGE CONFIDENTIAL

Page 120Page 121

Share This Page