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the British Nationality Act 1981 the Bill will provide that no decision which is discretionary shall be subject to review in any court. However, there is a risk that such a provision will not prevent challenge on normal judicial review grounds against the
Governor to
non-discretionary part of any decision by the
by
recommend citizenship or the Secretary of State to grant it. Nearly all the challenges will be launched in the Hong Kong courts against the Governor's refusal to recommend. The risk of judicial review in London is considerably reduced by the very limited circumstances in which it would be possible under the
Bill for me to decline to act on the Governor's recommendation.
The main area of vulnerability in London would be in respect of the Approved Secondment Scheme were this to be pursued.
The Garrison
31. In his letter to me of 21 December, the Defence Secretary
asked for 2,000 of the 50,000 places to be set aside for locally engaged personnel (who, as uniformed soldiers, perform a wide range of military functions in the Garrison) and civilians. There are 4,000 such staff and, the Defence Secretary argues, if
failure to look after their interests meant that
that they fell
substantially below complement, difficulty would be encountered in running the Garrison and replacements would have to be flown in from the UK. Colleagues will have now seen the Defence Secretary's subsequent minute of 6 March on this point.
32. The purpose of our scheme is to give key personnel who are emigrating from Hong Kong the confidence to remain up to 1997 and beyond. The locally engaged staff of the Garrison are not emigrating in significant numbers, neither will they remain employed after 1997. Some will qualify for assurances or undertakings as Group 1 and 2 personnel under the SSS. As for the rest, in so far as they might be considered "key" people, it might be open to a very few of the more highly qualified to
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