I imagine that there will not be many cases where this issue arises. If an applicant has worked for a British company outside Hong Kong he may have difficulty in satisfying the requirements of Article 3. In some cases, he may fall foul of Article 27. However, if he otherwise fulfils the scheme's requirements, he should in my view be awarded British links points, irrespective of whether or not the British firm concerned has a presence in Hong Kong.

Youne

fincerely, Rosemary Rabies.

RP DAVIES

Legal Adviser's Branch

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