TNAG-1192-FCO40-1494-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1982 — Page 56

CODE 18-77

Mr Hoare

HKD

:

Reference

HKK 340 ||

199

DESIGNATION UNDER SECTION 16(3) BNA 1981

PA

1.

TRY

sunen Tagen

Tape? lu

1. I have been passed this file by Mr Burrows to review the question of designation of the HKTDC and the HKTA in the light of the helpful extracts that you have provided.

2. From a legal point of view, following the Home Office's previous restrictive interpretation of similar words in Section 2(3), I would not be in favour of supporting the candidatures for designation of these two Hong Kong bodies. On balance, I feel that they are not sufficiently closely associated with "the activities outside the dependent territories of the government" and secondly, I cannot see much to differentiate these from the other similar bodies in the extracts provided. Of course, these could be put forward for designation as well but I doubt that the designation provision was intended to cover all these types of bodies.

(195

3. I am therefore minded to reply to the Home Office with

a decision as above. As stated in my previous minute, however, if you feel that the non designation of these bodies is going to have an unfavourable political impact or lead

to accusations that we have reneged on any commitment, then one could support their application by a broader interpretation of the Section 16(3) and submit to the Home Office otherwise than as above. I would be grateful for your views.

2 November 1982

Jeremytim enrythin

J Hill

Legal Advisers WH 228 233 3165

cc: Mr Burrows