TNAG-2376-FCO40-3451-Hong-Kong-nationality-UK-passport-scheme-British-Nationalit-1991 — Page 3

CODE 18-77

HKD 34/4.

Reference.

file 348/4

210

13 S

Mr Ronchetti MVD

CONTRIBUTION TO REPLY FROM MR LENNOX-BOYD TO TONY BALDRY MP

1. I suggest something on the following lines about the possibility of the lady applying under the scheme:

"You mention the possibility of your friend's fiancee applying for a British Passport for herself and her daughter. You no doubt have in mind the British Nationality (Hong Kong) Act 1990. The selection scheme is determined according to seven basic criteria: age, experience, education and training, special circumstances with the United Kingdom, and public or community service. I enclose a copy of the British Nationality (Hong Kong) (selection scheme) Order 1990 which sets out the operation of the scheme. The fact is however that selection of the first 43,250 places under the scheme is already under way (the deadline for submission of applications was 28 February), so if the lady has not already submitted an application she is too late to take part in the first tranche. There will be a second tranche of the remaining 6,750 places closer to 1997 (the date has not yet been specified) so it would be possible for her to apply then; but you should note that under section 3(1), the scheme applies only to persons who have (or have applied for) some form of British Nationality. If she wishes to pursue it, the best way forward would be for her to speak to the Hong Kong Immigration Department.

On the other hand, your friend and his fiancee may not consider it necessary to go through this process since, once they are married, the lady would be entitled to apply for entry clearance to accompany him to the UK under the normal immigration rules. She will also enjoy the benefits of a special assurance given by the then Home Secretary during the passage of the 1990 Act, which provided added security in such cases in the event of the husband's untimely death. The assurance made clear that the widowed spouse of a British citizen who was resident in Hong Kong at the time of his or her death would be allowed to settle here under a concession of the immigration rules, as if coming here as the spouse of a living British citizen. The concession will apply regardless of the nationality of the widowed spouse, provided only that the widow or widower had remained resident in Hong Kong and had not remarried. British citizens resident in Hong Kong need therefore feel no reason to return to the UK in order to secure their spouse's future."

Johan

J C Morris

Hong Kong Department

WH 312

270 2068

5 September 1991

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CC