PARLIAMENTARY UNDER

SECRETARY OF STATE

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to Mr Tikku in Hong Kong

confitential fax.

Dear Mr Goodlad,

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An/Me Goulles

2713

7661 82

BRITISH NATIONALITY ACT 1981

: HONG KONG (23)

HOME OFFICE

QUEEN ANNE'S GATE

LONDON SWIH 9AT

22 May 1992

24

Is Goodrow draft prepond 2/1

(Tuis seems to have reached Ihr Goodlad in time for his meeting with the leong.) We shan need a

dft reply alten Mr Goodlad's retin use

287~

Thank you for your letter of 14 May about OMELCO's request for a group of Hong Kong children to be registered under Section 3(1) of the British Nationality Act 1981.

As Peter Lloyd said in his letter of 21 November to Malcolm Caithness, we are sympathetic to the position of these children and understand the concern of their parents. The difficulty is reconciling their position with our normal policy and practice over the registration of minors, and ensuring that any departure from that policy is not used by other groups as a means of exerting pressure for special treatment in their cases as well. I think it would be wrong, for the reasons already explained by Peter Lloyd, to give a blanket assurance that all these children will be registered as British citizens. However, now that Dr Leong has been able to provide us with some idea of the number of children involved, it might be possible for us to consider some relaxation of our normal practice on

normal practice on the application of Section 3(1). What I have in mind is that we should consider each application sympathetically on its merits, taking account in the applicant's favour of such factors as whether he or she had established a residential connection with the UK through education here, and whether the head of the household was likely to have qualified for citizenship under the Hong Kong Selection Scheme, were it not for the fact that he was already a British citizen.

I should welcome your views on this idea and on whether you think it would satisfy OMELCO. We shall need to work it up in rather more detail and I would be grateful if during your forthcoming visit you could avoid giving OMELCO a firm commitment. It would be helpful if you could say that having discussed the issue with Home Office Ministers you are able to report that they would be prepared to look at these applications sympathetically on an individual basis and depending on the circumstances (such as the strength of the connection with the UK) to register children even

HKD 348/6

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