TNAG-2198-FCO40-3152-Hong-Kong-nationality-spouses-and-widows-of-British-expatria-1990 — Page 183

PARLIAMENTARY UNDER

SECRETARY OF STATE

RY Ms Marssen

Mr Motin

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RECEIVED IN REGISTRY

12 JUN 1990

DESK OFFICER

PA

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INDEX

Mr Paul HED Раст

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16 JUN 19

201

HOME OFFICE

QUEEN ANNE'S GATE

LONDON SWIH 9AT

E4 JUN 1990

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Dear Boo

BRITISH NATIONALITY (HONG KONG) BILL

Spouses

PSITI-Maude nonc Laren For Burns

Special Advisess

D-Whitehead, Neur top!

WBrowser

566

During the discussion in Standing Committee on 22 May, I undertook to write to you about the position of any spouses refused registration under Clause 1(4) and Schedule 2 to the Bill.

As I explained, the only circumstances in which a spouse would be refused registration (other than when the Governor or Home Secretary had reason to believe that he or she was not of good character, or if the application had not been received by the closing date) would be if the marriage had taken place after the person registered under the Bill had ceased to be settled in Hong Kong, or if the marriage had ended since the application had been made. These factors would make the spouse ineligible for registration.

You asked whether a spouse refused as ineligible would be able to seek review of that decision in the courts. That is the effect of the Bill as currently drafted. Subsection (5) of Clause 1 relates only to discretionary decisions, and eligibility is not a matter discretion.

of

You also suggested that the Governor or the Secretary of State should be required to give reasons for a refusal based on ineligibility. do not think that an amendment to that effect is necessary because that is the effect of the Bill as currently drafted. The removal of the requirement to give reasons in Clause 1(5) applies only to decisions which are matters of discretion. As regards decisions relating to eligibility the normal rules of administrative law will apply and the Governor or Secretary of State would have in practice to explain the reasons for the refusal to register. If he did not and the disappointed applicant sought judicial review of the decision reasons would have to be given in the course of those proceedings in order to satisfy the court that the decision was legally correct.

Robert Maclennan Esq MP

/Section 4(5)