TNAG-2373-FCO40-3448-Hong-Kong-nationality-UK-passport-scheme-British-Nationalit-1991 — Page 73

CONFIDENTIAL

FM FCO

TO IMMEDIATE HONG KONG

TELNO 456

OF 07114OZ MARCH 91

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102,

145061

MDHOAN 9492

YOUR TELNO 680: BRITISH NATIONALITY CHONG KONG) ACT: LETTER FROM THE HONG KONG BAR ASSOCIATION

1. MIFT CONTAINS A PROPOSED DRAFT REPLY FROM LORD CAITHNESS TO THE CHAIRMAN OF THE HONG KONG BAR ASSOCIATION. IT IS BASED CLOSELY ON THE ADVICE IN TUR.

2. IT OCCURS TO US THAT ONE WAY IN WHICH THE STEERING COMMITTEE MIGHT APPLY THE 50 SPECIAL CIRCUMSTANCES POINTS SHOULD IT PROVE NECESSARY, WOULD BE TO USE THE POWER UNDER ARTICLE 14(3)(A) TO ALLOCATE SUFFICIENT

POINTS TO ALL CALL) BARRISTERS TO ENSURE THAT A REQUISITE NUMBER OF

THOSE BARRISTERS WITH THE MOST POINTS WERE ABLE TO SECURE PLACES UNDER THE SCHEME. AN ALTERNATIVE APPROACH WOULD BE TO APPLY

SPECIAL CIRCUMSTANCES POINTS TO INDIVIDUAL BARRISTERS WITH PARTICULAR PROFESSIONAL OR VOCATIONAL QUALIFICATIONS WHICH SET THEM APART FROM OTHER BARRISTERS (IE MEMBERSHIP OF AN INN OF COURT IN THE UK).

WE WOULD PREFER THE FORMER APPROACH WHICH WOULD BE MORE CONSISTENT WITH THE PURPOSE OF THE POWER IN ARTICLE 14(3)(A). WE ARE NOT CONFIDENT THAT MEMBERSHIP OF A UK INN OF COURT COULD BE DESCRIBED AS AN IMPORTANT QUALIFICATION IN THE RELEVANT OCCUPATION (IE LEGAL PROFESSIONALS IN HONG KONG). ON THE OTHER HAND, BEING QUALIFIED TO PRACTICE AS A BARRISTER IN

HONG KONG COULD BE SO DESCRIBED. MORE PRAGMATICALLY, THIS APPROACH WOULD ALSO LEND ITSELF MORE READILY TO ENSURING THAT A SPECIFIED NUMBER OF BARRISTERS COULD BE ACCOMMODATED.

3. GRATEFUL FOR YOUR VIEWS DESKBY 11090OZ.

HURD

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