CONFIDENTIAL
FM HONG KONG
TO IMMEDIATE FCO
TELNO 922
OF 25095OZ MARCH 91
CONFIDENTIAL
HKD 340/4
340/4
RECEIVED IN DEric
DESK
16 APR 1991
FICES
ΡΑ
139
017704
MDHIAN 9419
Submission put
TOP COPY Q DIST?
up.
ра
OUR MIPT : BRITISH NATIONALITY ACT : HONG KONG BAR ASSOCIATION
FOLLOWING IS OUR PROPOSED REPLY TO MR ROGERS
''THANK YOU FOR YOUR LETTER OF 22 MARCH 1991.
2. I UNDERSTAND THE FEELING OF THE HONG KONG BAR ASSOCIATION. I HAVE NO DOUBT THAT THE EASIEST WAY TO MEETING YOUR CONCERN WOULD BE TO ACCEPT YOUR PROPOSAL. HOWEVER, I DO NOT THINK THAT THE MEANING OF ''SERVICE WITH A BRITISH UNDERTAKING CAN BE STRETCHED TO INCLUDE MEMBERSHIP OF ONE OF THE INNS OF COURTS IN THE UK. SUCH MEMBERSHIP IS INCIDENTAL TO CALL TO THE ENGLISH BAR WHICH OF COURSE ALREADY ATTRACTS THE MAXIMUM POINTS FOR PROFESSIONAL QUALIFICATION IN THE OCCUPATIONAL GROUP OF LEGAL
PROFESSIONALS.
3. THAT IS NOT TO SAY, HOWEVER, THAT THE CASE OF BARRISTERS AS REPRESENTED BY YOU IS CLOSED. THE HONG KONG GOVERNMENT IS DELIBERATING ON HOW SPECIAL CIRCUMSTANCES POINTS MIGHT BEST BE APPLIED TO VARIOUS IMPORTANT GROUPS TO ENSURE THAT THEY ARE ADEQUATELY CATERED FOR UNDER THE BRITISH NATIONALITY SCHEME. THEY ARE MINDFUL OF THE REPRESENTATIONS YOU HAVE MADE.
4. IN REGARD TO SPECIAL CIRCUMSTANCES POINTS, I SHOULD PERHAPS EXPLAIN THAT THEIR AWARD IS DISCRETIONARY. WHILE THE MAXIMUM NUMBER OF POINTS WHICH MAY BE EARNED IS 150, NO APPLICANTS, WHETHER INDIVIDUALLY OR AS A GROUP, ARE ENTITLED TO ANY POINTS, OR TO THE MAXIMUM IF AWARDED. THE SPECIAL CIRCUMSTANCES POINTS CAN CERTAINLY BE APPLIED TO HIGHLIGHT SPECIAL QUALITIES AMONGST THE MANY WHO MIGHT OTHERWISE APPEAR TO HAVE AN EQUAL CLAIM.
5. I AM SORRY THAT THIS LETTER CANNOT MEASURE UP TO YOUR EXPECTATIONS, BUT CAN REASSURE YOU THAT THE HONG KONG GOVERNMENT WILL GIVE THE CASE OF BARRISTERS DUE WEIGHT IN ASSESSING THEIR SUCCESS RATE UNDER THE SCHEME.''
WILSON