TNAG-2188-FCO40-3125-Hong-Kong-nationality-package-1990 — Page 202

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J Morris Esq

Hong Kong Department

Foreign and Commonwealth Office

Whitehall

LONDON

SW1A 2AF

Dear Mr Morris

HONG KONG: LETTER FROM SIR HAL MILLER

Your reference

Our reference

Date

5 January 1990

Than 340/4 нко

RECEIVED IN REGISTRY

1 0 APR 1990

DESK OFFICER

INDEX

PA

unior. Taken

Thank you for giving us the opportunity to comment on the draft reply to the notes Sir Hal Miller sent to the Prime Minister.

We would like to suggest some changes to paragraphs 6 and 7 which would mean that they read as follows:

"6.

You mention section 4 (5) of the British Nationality Act 1981. This allows citizenship to be granted, without prior residence in the UK, to Crown servants in dependent territories "if the Secretary of State thinks fit in the special circumstances of the applicant's case." It could not be used to give citizenship to people in the private sector, from which it is expected that the majority of successful applicants for our scheme will come. Also, when the 1981 Act was before Parliament we made it clear that citizenship would be granted only sparingly under section 4(5). This power is used only where the applicant has given exceptional service benefiting the UK as well as the dependent territory concerned; and personal connections with the UK are also a relevant consideration. There have been very few grants of citizenship to Crown servants under this provision since the 1981 Act came into force. We are considering if there is any scope for greater flexibility in the operation of section 4(5) but we do not expect there to be any major changes in the criteria under which applications are considered or a dramatic increase in the number successful."

#17.

The existing provisions in the Immigration Rules which you mention do not help meet this problem. Our objective is to offer the key people in Hong Kong an assurance which will give them the confidence to remain there. The Immigration Rules set out the conditions in which people may be able to qualify to enter and in due course settle in the United Kingdom. They do not give any assurance of settlement to people outside the country before they come. They are also narrowly framed to protect the integrity of our intentionally strict control on employment and settlement. People may qualify to come here if they are investing to start a new business; but to qualify as a person of independent means