E.R.
cc: Mr Yates
Mr Langdon
Mr Moorey
Mr Page
B2 Division
HONG KONG CITIZENSHIP SCHEME:
Mr Morris
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Mr Walker (S3)
Mr Osborne
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Mrs Kellas
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Mr Kinney
Mr J Morris (FCO)
Bu MID-OCT
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GOVERNOR'S ANNUAL REPORT
Thank you for copying to me your note to Mr Yates of 14 February. My only general comment would be that the Governor's obligation under section 4 of the 1990 Act is limited to a report on the discharge of his functions under the Act. Whether he wishes to cover other broader questions, and if so which ones, is obviously a policy question.
2. Item (e) relates to the Secretary of State's functions. It would not be appropriate for the Governor to report to the Secretary of State about that.
3. The only matters you do not mention which should perhaps be included are an account of the number of occasions (if any) on which the Governor exercises his discretion under Articles 25, 26 and 27 of the Scheme (equally qualified applicants; recommendations in respect of more than one family member; and applicant possessing citizenship of a third country).
4. On reflection, I am not sure that my advice of 7 February about the timing of the Report was quite right. Although the scheme set out in the Order in Council did not come into effect until 1st December 1990, the Governor did have other functions under the Act (notably in relation to the steering group) which he presumably exercised from the coming into force of the Act - 7 November 1990. The first annual report should therefore probably cover the period from 7 November 1990 to 7 November 1991. Having said that, I do not think publication must necessarily take place on or before 7 November. The Report simply needs to cover that period.
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15 February 1991
Tel: 071 273 4052
Room 873 Queen Anne's Gate
Rosemary Devill
ROSEMARY DAVIES Legal Adviser's Branch
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