TNAG-1082-FCO40-1332-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 139

CODE 18-77

Mr Jones

Nationality & Treaty Department

Reference...

144A)

HICK 340/1 RECEIVED PERRY KO. 51

1 APR 1981

DESK OFFICET

INDEX

PA

NATIONALITY BILL: MEANING OF CROWN SERVICE

1.

Mr Rushford is away.

2.

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The Additional Instructions passed under the Royal

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86314

Sign Manual of 30 April 1938, which amended the earlier Instructions of 14 February 1917 set out the composition of the Executive Council in Clause II. Members consist of "ex officio" members such as the Attorney-General and Financial Secretary and

"Such other persons as we may from time to time appoint by Instructions or warrant under our Sign Manual and Signet or as the Governor in pursuance of Instructions from us through one of our principal Secretaries of State may from time to time appoint by an Instrument under the public seat of the Colony. Persons so appointed are hereafter referred to as Official Members or Unofficial Members according as they hold or do not hold office under the Crown in the Colony at the time of appointment".

Every Unofficial Member has to vacate his seat at the end of five years from the date of the instrument by which he is appointed or other periods as specified in the Instrument, but he is eligible for reappointment. In contrast, an Official Member loses his seat in the Council if he ceases to hold office under the Crown in the Colony. Unofficial Members do not appear to be remunerated.

3. Clause 13 of the Hong Kong Additional Instructions 1938 relating to the Legislative Council was amended by Clause 2 of the Hong Kong Additional Instructions 1964. The combined. effect of these Clauses is that the Legislative Council is to consist of "ex officio" members such as the Governor and Attorney-General and "such other persons holding office under the Crown in the Colony" as appointed by Sign Manual or by the Governor upon Royal Instructions by Instrument under the public sea of the Colony. All such persons are Official Members of the Legislative Council. In addition, there are the Unofficial Members who are appointed by the Governor upon Royal Instructions by Instrument under the public seat of the Colony. These do not appear to be remunerated. If any of the Official Members of the Legislative Council cease to hold office under the Crown in the Colony, his seat is to be vacated.

4. The notion of "Crown Service" is fundamental to the distinc- tion between Official and Unofficial Members in both the case of the Executive Council and in the case of the Legislative Council. The Official Members are such by virtue of being crown bervants. A contrario, the Unofficial Members are not crown servants. I note that the Home Office also take this view.

Consequently,

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