CONFIDENTIAL
BRITISH TRADE COMMISSI
HONG KONG.
191
Mr
Alan Paul, Esq Hong Kong Desk
FCO
London
Dear Alam,
HKD
!ECEN
TESK
340/5
12 JUN 1991
A
17 May, 1991
ст
Mr Morris
235
@Miss brooks,
Tegal Advisers
with
Aps
Mis Kellasho.
-plorar Advicepl
√21/6 Jez/s
BRITISH UNDERTAKINGS
1.
I enclose a copy of a letter from Hong Kong Immigration Department (HKID) in response to a request from the Special Advisory Committee for clarification on whether service with an approved British undertaking in places other than Hong Kong qualifies for additional points under the Scheme.
2. Clarification was sought after HKID referred a large batch of names from application forms and which applicants claimed were British undertakings. Most were straightforward and were dealt with in the normal way. But some applicants included the names of companies they had worked for in the UK and elsewhere.
3. As you will see, HKID believe service with approved British undertakings qualifies regardless of place of service. The Advisory Committee will probably accept this. Indeed, it would be wrong to penalise, for example, someone working for John Swire & Sons for being transferred to Taipei.
4. You will note, however, that the letter raises additional inter-related questions. HKID's Legal Adviser questions whether an Undertaking must be incorporated or esta blished in Hong Kong and/or the UK to qualify as a British undertaking and goes on to ask whether claims for service with undertakings which do not have a presence in Hong Kong should be further assessed. HKID, of course, do not know the details of the
Haphe The relevant provisions of the
ре
n
Birth
British Nationality (Hong Kong) (Selection Scheme) Order 1990 sure Article 16 (2) (a) & the definition of British undertatump" in Article 7. A person employed undertaking, as defried in Article?
Cc
Misy Brooks on kans om mis
can serve outside
Hong
flowever, V f
he
working for
Service will still be "relevant service" -CONFIDENTIAL a British undertaking in Hong Kong In sent to look after its interests in Supapore tim Service ↳ het relevant service where he is employed by a company in corporated o a &mpapore Company. The test is whether he is still employed by the British undertaking in HKS &
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