TNAG-1189-FCO40-1491-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1982 — Page 11

}

5.

(b) It was also aknowledged that there would be (other) cases

in which we would not wish to stick too rigidly to the

450/90 days requirements. One such could be where the

applicant has exceeded the limit by a few days or weeks and if all other aspects are favourable, we would normally be prepared to accept applications in such cases where the period of excess absence did not amount to more than say

one month.

(c) In cases other than those mentioned above, the applicant

will be expected to either have made representations in

advance of an application or submit them with the applica-

tion. Each case should be considered on its merits but

it is expected that the discretion to waive the normal

residence requirements will be exercised only in very

exceptional circumstances.

Applications under section 4(5)

(a) This is a discretionary provision intended to recognise the

position of those who serve or have served the Crown directly

or indirectly in the dependencies.

(b) To qualify an applicant must either:

(i) be or have been in Crown service under the government

of a dependent territory eg Colonial civil servants

etc; or

(ii) be or have been in paid or unpaid service (other than

(i)) 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, eg members of legislative

councils and assemblies, education and trade advisory

boards etc.

(c) The discretion would be used in two ways:

Kilw! MK / 1294 OMIT

(i) to enable applicants who had come to live in the United

Kingdom to be registered before completing 5 years

residence;

(ii) to enable applicants who had rendered particularly

deserving service to be granted British citizenship without insisting on previous United Kingdom residence.