TNAG-2628-FCO40-3819-Future-of-Hong-Kong-nationality-British-National-(Overseas)-1992 — Page 19

Mr Mom's

I don't think there is

we need further to do at this stage, is there?

OCSC anything

On behalf of the Minister of

Public Service and Science

Mr J Woodrow

Hong Kong Department

FCO

London

SW1A 2AH

HKO 340/1

01 JUL

R&R.

41

Woodrom The Office of the Civil Service Commissioners

Civil Service

Alencon Link Basingstoke Hants RG21 1JB

Switchboard

Direct Line

GTN

Fax

0256 29222

0256 846603 or 846308

1439 6603 or 6308

0256 846285

1439 6285

Our Ref: 127/01

29 June 1992

Dear DAV Woodrow

CIVIL SERVICE NATIONALITY RULES

1. Thank you for your letter of 22 April about which we spoke on 7 May. You explained that the urgency behind your originally stated deadline for a reply by 8 May had passed.

2. I am sorry about the delay but I needed to consult the Treasury Solicitor. The crux of his advice is as follows:

3.

"The amendment of section 37(1) of the British Nationality Act 1981 by article 7(3) of the Hong Kong (British Nationality) Order 1986 has the effect of including British Nationals (Overseas) in the class of persons who have the status of Commonwealth citizens. Section 51(4) of the Act

states:

'In any statutory provision, whether passed or made before or after commencement, and in any other instrument whatever made after commencement "alien" / in relation to any time after commencement, means a person who is neither a Commonwealth citizen nor a British protected person nor a citizen of the Republic of Ireland.'

It follows that British Nationals (Overseas) are not aliens within the meaning of section 6 of the Aliens Restriction (Amendment) Act 1919, and may be employed in the Civil Service."!

The omission of a specific reference to British Nationals (Overseas) citizens does not affect their status as Commonwealth citizens under the present rules.

4. Although the current Civil Service nationality rules thus permit the employment of British Nationals (Overseas) citizens