TNAG-2380-FCO40-3459-Hong-Kong-nationality-British-Nationality-(Hong-Kong)-Act-19-1991 — Page 45

Mr

HKD 340/5

RECEIVED IN OT

- 7 AUG 1991

DESK OFFICE

INDEX

1x Jox

Sir J Coles J.C.

Confidential

Talout NA

PS/Mr Lennox-Boyd Minister

FROM: J K Hague

187

~1 AUG 1901

Hong Kong Department

DATE: 30 July 1991

CC:

PS/Lord Caithness

Mr Burns

Mr. Hamme

Mr. hamar- Boyd is conreur for the approval for tea otter 18 Undertakings to go ahead. Bour he remains puzzled that these can be any difference between, say

BRITISH NATIONALITY (HONG KONG) ACT: BRITISH UNDERTAKING

LIST: SAVE THE CHILDREN

The SCF Joramuka in HK and ta Bank branch in HK,

Barclays Bank

P. Spelar

1.

The Minister asked for further explanation of why Save

The Children Fund (SCF) were not included in the list of

British Undertakings which Mr Morris submitted on 25 July.

2. The final decision on what constitutes a "British

Undertaking" under the terms of the British Nationality

(Hong Kong) Act 1990 lies with the Governor of Hong Kong.

For the purposes of the Order in Council for the Selection

Scheme it was impossible to find a workable definition of

what constitutes a British Undertaking which also achieved

the right result as a policy matter. It was agreed

therefore that for the purposes of the Selection Scheme the

definition would have to include some subjective element.

The Order itself simply states in article 16 (2) service with a British Undertaking. The final decision would therefore

rest with the Governor, who would be advised by an Advisory Group headed by the Senior British Trade Commissioner in

Hong Kong.

518

TOYALC/1

TG

Confidential

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