TNAG-2201-FCO40-3156-Hong-Kong-nationality-1990 — Page 42

11-JUN-1990 16:43

CONSTITUTIONAL AFFAIRS DR

+ 852 840 1525

P.05

We will of course consider any individual application made under section 4(5) of the British Nazionality Act 1981 on the grounds of Crown service under the Governøent of Hk. But I would remind you that the Government made it clear during the passage of the 1981 Bill that the discretion under this section would be used very sparingly, and that the key factor in each case would be the quality of service. I cannot predict what the outcome of any application might be, but we should have to look at each one in the light of this criterion. I should also add that this section cannot apply to persons who were in service under the Government of the UK, which may be the case for a

number of these former servicepen.

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The Government believe, therefore, that the provisions in årticle 6, together with the agreement, constitute the most satisfactory, ̈reliable and fair way of providing the people of HK with what they

want: that is to say British Nationality and the right to continue to live and work in HK. The Government have also made it plain that if · amy British national were forced to leave HK and had nowhere else to go, we would expect the Government of the day to consider sympathetically whether to admit them on a case-by-case basis in the light of their particular circumstances. But our minds are not closed, and I shall listen carefully to your views in these matters.

I would like to say a few words now, if I may, about the proposed arrangements for issuing BN(C) passports once the Order comes fato effect. Although not strictly part of the Draft Order, I know that a number of you are concerned with this matter, which is closely linked to the Order and is of central importance to its successful implementation.

The Government intend to issue BN(0) pasaporta from 1 July 1987. This will enable HK BLTCs to choose between applying for a BDTC passport with a restricted validity until 1 July 1997, or a BN(0) passport valid for a full 10 years. It will not be possible to carry both a BN(0) and a BDTC passport at the same time.

The great majority of BN(0) passports will be issued in WK. But it will be possible for HK BDTCs to apply for a BN(0) passport wherever they may be. There will be a fee for the passport, which will be the same throughout the world.