TNAG-2191-FCO40-3128-Hong-Kong-nationality-package-1990 — Page 159

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

Redacted under FOI Exemption S 27(1)

CONFIDENTIAL

(14)

Judicial Review

28.

In devising the overall scheme, and preparing Instructions for Parliamentary Counsel, the aim has been to reduce the scope for judicial review to a minimum. Following the precedent of the British Nationality Act 1981 che Bill will provide that no decision which is discretionary shall be subject to review in any cours. However, there is a risk that such a provision will not prevent challenge on normal judicial review grounds against the

Governor the decision by any part of

non-discretionary

са

recommend citizenship or the Secretary of State to grant 18. Nearly all the challenges will be launched in the Hong Kong

CONFIDENTIAL

11

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