TNAG-2203-FCO40-3158-Hong-Kong-nationality-package-legislation-to-restrict-the-ri-1990 — Page 8

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LORD

DENT

COUNCIL

OF

THE

CUNFIDENTIAL

JHKP

Do You

GURKHA LEGISLATION

caps

Ps | Mr Munde Ms Mclaren Defence Legal Advisers.

Ani 15/2

яста Раше

PRIVY COUNCIL OFFICE

WHITEHALL, LONDON SWIA 2AT

13 February 1990

HOW 340/13 нко

ECEIVED REGISTRY

2 0 JUL 1990

DESK OFFICER

INDEX

REGISTRY

PA

Action Take

I have seen a copy of your minute of 22 January to David Waddington and of David's reply.

Tim Renton and I share David's reluctance to see provisions on Gurkhas added to the Hong Kong Bill. As David says, such a move could make an already contentious Bill considerably more difficult to handle. I recognise too, however, the complications which this will make for the handling of the Armed Forces Bill. I therefore propose that officials from interested Departments should meet soon to consider and report to us on how we might minimise these difficulties. If your office can let mine know the name(s) of your responsible official(s), my people will set the necessary arrangements in hand.

I am copying this letter to the Prime Minister, David Waddington, other members of OD, Tim Renton and Sir Robin Butler.

GEOFFREY HOWE

Rt Hon Tom King Esq MP

CONFIDENTIAL

for

Merferin W16/2

Well that's that?

good.pa.

√23/2

IOS NO

LORD

DENT

OF THE

COUNCIL

подраз

CONFIDENTIAL

MR MORRIS (FR)

нка

Dar Tou

GURKHA LEGISLATION

Ps | Mr Münche Mis Mclaren

сепарале

Defence Legal Advisers.

And 15/2.

PRIVY COUNCIL OFFICE

WHITEHALL, LONDON SWIA 2AT

13 February 1990

I have seen a copy of your minute of 22 January to David Waddington and of David's reply.

Tim Renton and I share David's reluctance to see provisions on Gurkhas added to the Hong Kong Bill. As David says, such a move could make an already contentious Bill considerably more difficult to handle. I recognise too, however, the complications which this will make for the handling of the Armed Forces Bill. I therefore propose that officials from interested Departments should meet soon to consider and report to us on how we might minimise these difficulties. If your office can let mine know the name(s) of your responsible official(s), my people will set the necessary arrangements in hand.

I am copying this letter to the Prime Minister, David Waddington, other members of OD, Tim Renton and Sir Robin Butler.

GEOFFREY HOWE

Rt Hon Tom King Esq MP

CONFIDENTIAL

from

agree

, ви

12/11 132

Mr McLaren

PS/Mr Maude

Private Secretary

CONFIDENTIAL

13 FEB 1000

Scurta of State

7/2

FROM: A R Paul

Hong Kong Department

DATE: 9 February 1990

cc: PS/Mr Maude

Mr Gillmore

Mr Yarnold, Defence Dept

3

Mr Whomersley, Legal Advisers

Mr Lidington

Mr Richards, SAD

Hras 340/13 нко

RECEIVED IN REGISTRY

20 JUL 1990

DESK OFFICER

REGISTRY

GURKHA LEGISLATION

A

1.

B

INDEX

PA

141~

| Action Taken

PROBLEM

The Defence Secretary wrote to the Home Secretary on 22 January

suggesting that the Hong Kong Bill, rather than the Armed Forces

Bill 1991, should include an amendment to the BNA 1981 to reduce

rights of settlement here or citizenship entitlements for Gurkhas

and their families. The Home Secretary has now replied, rejecting the proposal.

RECOMMENDATION

2. I recommend that the Secretary of State write, along the lines

of the attached draft, in support of the Home Secretary. Legal

Advisers are content.

BACKGROUND

3. The decision to have a post-1997 Gurkha force of some 4,000

which would be primarily based in the UK gave rise last year to

concern about large numbers of them and their families achieving

settlement here and, in the case of children born in the UK, British

citizenship. In order to reduce these possiblities to a minimum OD

of 9 May 1989 agreed, inter alia, to use the Armed Forces Bill

1991:

DAWACG

CONFIDENTIAL

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