TNAG-1082-FCO40-1332-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 86

5. Subsection (3) would permit the Secretary of State, if he thought fit in the special circumstances of a particular case, to modify the requirements of Subsection (2) as follows:

(a) he may accept the residence requirement as being fulfilled although the applicant has been absent from the United Kingdom for more than 450 days out of 5 years or for more than 90 days out of the twelve months preceding the application;

(b) he may disregard any restriction on the applicant's stay during the twelve months preceding the application, providing that the restriction has been removed by the date of the application;

(c) he may overlook any part of the five year period spent in the United Kingdom in breach of the immigration laws.

6. Subsection (4) would enable the Secretary of State, if in the special circumstances of the applicant's case he thinks fit, to register as a British citizen a person who has at any time served in the service specified in Subsection (5). That subsection specifies Crown Service under the government of a dependent territory and paid or unpaid service as a member of any body established by law in a dependent territory members of which are appointed by or on behalf of the Crown.

7.

The power to register people who have served in Crown or allied service is intended to enable the United Kingdom Government to give due recognition to particularly meritorious service an special circumstances under the

government of a dependency. Like the analgous power to naturalise Crown Servants employed overseas by the United Kingdom government (paragraph 1(3) of Schedule 1) the power would be used only sparingly.

8.

that

Subsection (5) specifies the service to which subsection (4) applies.

Should Paragraph (a) provides that subsection to apply to Crown Service under the Government of a dependent territory. Paragraph (b) would apply subsection (4) also to paid or unpaid service as a member of any body established by law in a dependent territory members of which are appointed by or on behalf of the Crown. Paragraph (b) therefore brings in service by people who may not be Crown Servants but are playing an essential role in the government of a dependency.

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