TNAG-1081-FCO40-1331-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 246

DSR 11 (Revised)

C.

DRAFT:

CONFIDENTIAL

minute/letter/teleletter/despatch/note

FROM:

DEPARTMENT:

The Home Office...

SECURITY CLASSIFICATION

TO:

Top Secret

Secret

Confidential

Restricted

Unclassified

PRIVACY MARKING

SUBJECT:

TEL. NO:

TYPE: Draft/Final 1+

Reference

Your Reference

Copies to:

NATIONALITY BILL: DEFINITION OF CROWN SERVICE: 'INCLUSION OF UNOFFICIAL MEMBERS OF THE

EXECUTIVE AND LEGISLATIVE COUNCILS IN HONG KONG

CAVEAT.....

..In Confidence

Enclosures-flag(s)...........

1.

We have been examining the implications of the

definition of 'Crown Service' (in Part V, paragraph 46

of the draft Bill) for persons serving as Unofficial

Members of the Executive and Legislative Councils in

Hong Kong.

2. In the view of our Legal Adviser, such persons

would unquestionably be included in this category.

(I am of course discussing only the simple term, without

the qualification 'under the Government of the United

Kingdom'.) Clause II of the Hong Kong Royal Instructions

1976 as amended, makes it clear that the Unofficial

Members of the Executive Council are appointed by, or on

the instructions of, the Crown. Clause XIII is similar

in respect of the Unofficial Members of the Legislative

Thus these Members are in the service of the

Council.

Crown.

3. I would be grateful for your confirmation that this

is your view as well. It would be very helpful to have

a reply as soon aspossible as this is a point on which

we need to submit to Ministers shortly.

CONFIDENTIAL

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