TNAG-2378-FCO40-3457-Hong-Kong-nationality-British-Nationality-(Hong-Kong)-Act-19-1991 — Page 161

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still evaluating the data received.

But Mr Heap has told me

informally that he thinks that the Committee are moving

towards the conclusion that Hutchisons, Wharfs and some

other marginal cases should be classified as British on

grounds of their predominantly British management and the

volume of their trade with the UK.

5. We and DTI officials and our Legal Adviser (Mr Fifoot)

have no objections to any of the companies on the

Committee's list. Mr Fifoot has however a number of

detailed comments on the way in which the companies have

been categorised:

(a) the Committee have suggested a new seventh category (list G) for institutions which they perceive as "obviously

British" but which do not in their view fall conveniently in any of the other categories. Our Legal Adviser believes

that it should be possible to fit these institutions into

the existing categories, without the need for a separate

list. This would clearly be preferable, particularly as the concept of "obviously British" though not unreasonable, is a rather subjective one. Subject to checking some details, we will advise Mr Heap accordingly.

(b) our Legal Adviser advises that the criterion for

list C should be expanded slightly to read "British citizens

and companies (or other bodies corporate) registered in the

UK". The reason for this is that it is clear that the

Committee have in fact drawn up list C on the basis of such

criterion, rather than the more restricted criterion of

"British citizens". Our Legal Adviser also advises that it

should be made clear that in this context "UK" includes

Jersey and the Isle of Man. We will advise Mr Heap

accordingly.

(c) condition (ii) in list D should be expanded as in

DAWAHD/2

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