TNAG-2377-FCO40-3454-Hong-Kong-nationality-papers-received-by-Peter-Heap--British-1991 — Page 89

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4.

Changes in the pass mark will inevitably alter the bunching problem. Therefore, the bunching of equally qualified candidates which requires to be resolved by the Governor in accordance with Article 25 of the British Nationality (Hong Kong) (Selection Scheme) Order 1990 (see paragraph 5 below) should emerge only at a very late stage of the first tranche. The applicants bunching at the pass mark should be the last group of applicants under consideration in each queue. It is also possible that bunching may not occur at all in some occupational groups.

OPTIONS FOR RESOLVING "BUNCHING" AT THE PASS MARK

5. Article 25 of the British Nationality (Hong Kong) (Selection Scheme) Order 1990 specifies that -

"where it appears to the Governor that two or more applicants are equally qualified under the scheme but he cannot recommend each of them without exceeding the relevant quota, he shall decide at his discretion which applicant or applicants to recommend".

The Governor thus has unfettered discretion in resolving the bunching problem. Nevertheless, consistent with the aim of making the selection scheme as impartial and objective as possible, it is suggested that -

before

the

(a) the criteria to be adopted should be determined exact details of the applicants who are likely to be "bunched" at the pass mark are known;

(b) where it is necessary to apply different principles or criteria to applicants in different queues, the principles should be agreed and made known before they are applied; and

G.F. 316

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