TNAG-1081-FCO40-1331-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 196

GR 520

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FM HONG KONG 200800Z FEB

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ник HICK 34011!

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TOP GOPYLSY NO. 51

23 FEB 1981

PA

REGISTRY Action Taken

TO IMMEDIATE HONG KONG GOVERNMENT OFFICE LONDON

TELEGRAM NUMBER 304 OF 20 FEBRUARY, 1991 (FCO PSE-RASGISK OFFICER

INDEX

مر

PERSONAL FOR FORD FROM GOVERNOR.

of 30.

Pan 3013

YOUR TELNO HK 289 (PASSED TO ME AS FCO TELNO 156 OF 17 FEB). SOA

1. PLEASE CONVEY TO SIR ANTHONY MY THANKS FOR HIS HELP.

2. WE HAVE PUT AMENDMENTS TO THE FCO AND TO LYONS AND WHITNEY.

TO AVOID POSSIBLE CONFUSION WE CONSIDER THAT ROYLE SHOULD PUT

FORWARD EITHER ONE OR ALL THESE AMENDMENTS FOR WHITELAW'S

CONSIDERATION. THERE ARE THREE ELEMENTS AS FOLLOWS:

(A) DELETION OF THE WORDS 'UNDER THE GOVERNMENT OF THE

5 1

see / 101 A

THE UNITED KINGDOM IN PARAGRAPH 1(1)(D)(II) OF SCHEDULE 1.

(B) DELETION OF THE WORDS 'UNDER THE GOVERNMENT OF THE UNITED

KINGDOM' IN PARAGRAPH 1(3) OF SCHEDULE 1.

(C) ADDITION OF A NEW SUB-PARAGRAPH (F) AT THE END OF PARAGRAPH 2

OF SCHEDULE 1 AS FOLLOWS:

''(F) TREAT THE APPLICANT AS FULFILLING THE REQUIRMENTS OF PARAGRAPH 1(1)(D)(II) AND (3) AS REGARDS CROWN SERVICE IF HE IS PERFORMING OR HAS PERFORMED ANY DUTIES OR FUNCTIONS FOR THE

GOVERNMENT OF THE UNITED KINGDOM OR OF ANY DEPENDENT TERRITORY.''

3. THE PURPOSE OF (A) IS TO ENABLE HONG KONG CROWN SERVANTS WHO HAVE BECOME NATURALISED TO REMAIN IN THEIR POSTS HERE WHICH WE

WE REGARD AS NECESSARY. HOWEVER AS YOU KNOW THE FCO HAS RESERVATIONS ABOUT THIS ON THE GROUNDS THAT THOSE IN CROWN SERVICE MIGHT RESIGN

SHORTLY AFTER BEING NATURALISED. WE DO NOT THINK THIS IS VERY LIKELY. THE PURPOSE OF (B) IS TO HAVE HONG KONG GOVERNMENT SERVICE INCLUDED AS AN ALTERNATIVE TO THE U.K. RESIDENCE REQUIREMENT FOR THE PURPOSE OF NATURALISATION. THE PURPOSE OF (C) IS TO ENSURE

THE INCLUSION OF OFFICIALS AND UNOFFICIALS (BOTH SERVING AND RETIRED) AND PENSIONERS, WHILE LEAVING INDIVIDUAL APPLICATIONS TO BE DETERMINED WITHIN THE HOME SECRETARY'S DISCRETION AND WITHIN

THE CONFINES OF THE INTRODUCTORY PHRASES OF SCHEDULE 1 PARAGRAPH 2

OF THE BILL.

4. OUR ORDER OF PREFERENCE IS: FIRST, TO HAVE AMENDMENTS (A) PLUS (B) PLUS (C): SECONDLY, (B) PLUS (C) ONLY: AND THIRDLY (C) ONLY. AT THIS STAGE IT IS OBVIOUSLY DIFFICULT FOR US TO TRY TO ADVISE WHETHER WE SHOULD GO FOR ONLY ONE (UNDERLINE) OF THESE

THREE AND WHICH HAS THE MOST LIKELIHOOD OF SUCCESS. IN THE

ULTIMATE WHICHEVER WE HAVE WE MUST HAVE (C) BECAUSE ONLY THAT PUTS BEYOND QUESTION THE POSITION OF UNOFFICIALS AND THOSE WHO

HAVE RETIRED.

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