TNAG-1125-FCO40-1400-British-Nationality-Act-1981-and-the-Dependent-Territories-1982 — Page 128

CODE 18.77

Mr Paterson NTD

CL 501

Reference..

HKG 340/1

18

нка

HKS 340/1

Ак

BRITISH NATIONALITY ACT 1981

Please refer to my minute to you of 11 February and earlier exchanges about the designation of Governors, HMOCS and HMOJ under section 2(3) of the BNA. I attach comments by our departmental Legal Counsellor on my minute.

1.

2.

The description in paragraph 3 of his minute of 17 March '... or

1 as a member of his [Governor's] staff ... goes beyond the categories we had envisaged ie, Governors of DTs, HMOCS and HMOJ. It would presumably embrace, among others, expatriate officers recruited on contract in the UK for DT government employment. As you know, it was deemed that such officers should be treated in the same way as businessmen (paragraph 5 of Miss Brett Rooks' minute of 25 January). However, we would not want such officers treated any worse under the Act than, for example, ODA recruited TCOS or perhaps other categories which other government departments might seek to have designated. I should, therefore, be grateful if you could let us know how matters stand at present regarding designations under section 2(3) and keep us informed of any significant developments.

18 March 1982

Hulluma

H McQuade

Hong Kong and General Department K 247

233 4381

cc: Mr Burrows, Legal Advisers

Mr McQuade

HKGD

сс Mr Burrows, Legal Advisers

-

1. We have put forward to the Home Office our list of candidates Governors, HMOCS, HMOJ, British Council, NATO - and will in due course be consulted by the Home Office on the candidates for designation under section 2(3). We shall need

/to clear