TNAG-2189-FCO40-3126-Hong-Kong-nationality-package-1990 — Page 193

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Supplementary provisions relating to applications

4.22 The Bill should make it clear that no applications for

received. registration submitted after [] should be forwarded by the

Governor; that no recommendations submitted by the Governor after [

I should be considered by the Secretary of State; and that no registrations by the Secretary of State should be made after [

J. [ There is to be no provision comparable to section 7(2) and (8) of the BNA allowing late applications "if in the special circumstances of any particular case the Secretary of State thinks fit".]

[4.23 Some unsuccessful applicants will inevitably re-apply for registration under the Bill and provision is needed giving the Governor power to decline to consider subsequent applications by disappointed HK BDTC's [ánless he is satisfied there are special circumstances justifying reconsideration of the application].]

Excluding appeals and judicial review

4.24 Ministers have decided that no decisions under the Bill [in respect of individual applications for registration] [whether as regards the Governor's decision to recommend or the Secretary of State's decision to register] should be subject to appeal or judicial review and there should be no requirement to give reasons in cases where a discretion is being exercised (cf. section 44 (2) of the BNA).

If no

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SANGA

4.25 The exclusion of appeals presents little difficulty. provision is made in the Bill for appeal rights then no such rights will exist. This is the position at present under the BNA and the provision in s.44 (2) that discretionary decisions shall not be subject to any appeal is probably redundant. event, there should be no appeals whatsoever from any decisions taken by the Governor or Secretary of State under the Bill.

In any

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