Mr Morrice, HK&GD

CONFIDENTIAL

Reference

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34011

RECITED IN...

2 5 MAR 1981

DESK OFFICER

INDEX

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NATIONALITY BILL: MEANING OF

1

CROWN SERVICE'

1.

You should see the minute below from Miss Brooks on the position of unofficials in the light of the Home Office's letter of 25 February (also below). As I said in my minute of 6 March the Home Office were to some extent uncertain about the position of unofficials in Hong Kong because they were not sure exactly how they were appointed and how they operated. They would therefore have been willing to consider further representations from the FCO. But in the light of the minute from Miss Brooks you may consider that we have no grounds for challenging their initial view.

2. There is another factor which I think is relevant. The minuting so far has related to unofficial members of ExCo and LedCo who are the ones appointed in the ways referred to in Miss Brooks' minute. I understood from Mr Chan, who discussed the point with me a few days ago, that Hong Kong would not be satisfied to cover only the unofficial members of ExCo and LeaCo in eligibility for naturalisation on grounds of service to the Crown. If unofficial members of other organisations in Hong Kong are appointed in ways which give a more doubtful claim to being in Crown Service than those unofficial members of ExCo and Le

Legco there seems to be no doubt that it will in any event be necessary to look for a designation in the act that goes wider than 'Crown Service'.

ا بمسا

W Jones

Nationality and Treaty Department

CODE 18-77

SS 8/78

18 March 1981

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