TNAG-2380-FCO40-3459-Hong-Kong-nationality-British-Nationality-(Hong-Kong)-Act-19-1991 — Page 105

CONFIDENTIAL

Tel 829 3968

In reply please quote this ref LEX28*8**

(8) in IMM/SEC 59/13/2926

Immigration Department 一人民入境事務處

24 April 199

Ms RM E Fowler

Information Officer

British Trade Commission in Hong Kong 9th floor, Bank of America Tower

12 Harcourt Road

Hong Kong

Dear Ms Fowler,

ague - jes, bie

2.2

I t

STC

Assessment on Claims of Service with British Undertakings

This has ace sorts of Implications. I think We need to combuldo Adviser Short ледал

G dros I promised to revert back when the legal advice 15 available on the Special Advisory Committee's assumption that only time spent in Hong Kong working for a British Undertaking will qualify the candidate for additional points. I am now 1 T a position to do so.

Our lawyer advises

since there is по explicit limitation in the British Nationality (Hong Kong) (Selection Scheme) Order 1990 on the place where the service with an approved British Undertaking takes place, such service should be given additional points regardless of the place of service. In his view, what is more questionable is whether the under- taking must be incorporated or established

Hong Kong and/or the United Kingdom to qualify as a British Undertaking. ΙΠ this connection, I should be grateful for your advice whether, in the views

the Special Advisory Committee, an undertaking which does not have a "Hong Kong presence" is not regarded as "British Undertaking" and will not be further assessed.

Looking forward to hearing from you.

25

Yours ever,

T K DAI

for Director of`Immigration

c.c. D of Admin (Attn: Mr Clement LEUNG)

TKL/gw

7 Gloucester Road, Wan Chai, Hong Kong ##Sinat*

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