TNAG-2203-FCO40-3158-Hong-Kong-nationality-package-legislation-to-restrict-the-ri-1990 — Page 5

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CONFIDENTIAL

SECRETARY

OF STATE

MINISTRY OF DEFENCE WHITEHALL LONDON SW1 2HB

HKD

7 Ps/Mr Mande Mr. McLaren Define

Legal Advisers

AW

February 1990 283

TELEPHONE 01-2018 9000-

DIRECT DIALLING 01-218 211

has 360/13

RECEIVED IN REGISTRY

2 0 JUL 1990

VERY

GURKHA LEGISLATION

BA

Thank you for your letter of 8th February in response to mine of 22nd January. Given that you are now not proposing to amend the British Nationality Act 1981 in the Hong Kong Bill, I accept that

there is no prospect of including in it the amendments dealing with

the Gurkhas.

As you know, Geoffrey Howe shares my concerns about making

these amendments in the Armed Forces Bill and has proposed that the

QL secretariat sets in hand further work on how to minimise the

difficulties. I understand that First Parliamentary Counsel has already advised that the amendments to Immigration Rules should not

be made in primary legislation but by the established procedure.

The other amendments to the Immigration Rules which I understand

you will probably be making next year would provide a suitable opportunity for this.

I am copying this letter to the Prime Minister, other OD

colleagues and Tim Renton, and to Sir Robin Butler.

The Rt Hon David Waddington MP

CONFIDENTIAL

Tom King