TNAG-2628-FCO40-3819-Future-of-Hong-Kong-nationality-British-National-(Overseas)-1992 — Page 25

CODE 18-77

Mr. Cox.

Mr Stade M) 17/6

Mr Ricketts

Reference

Mr Berman's draft concerns nationality requirements only. I don't think therefore it is of much relevance to what we've cansulted the Cabinet Office about, as the

majority of HMOCS officers

BNO status is collered (and their dependants) world

para

2(c). De

From:

we need & make any Comments on the draft?

Joodrow

77/6

on nationality grounds.

1716

HIS Williams

qualify

residence rules that we're it is the about.

Deep His have

Assistant Legal Adviser 7/16 any relevance

K 269 270 2579

Date:

11 June 1992

CC:

Mr D Austin, RID

Mr J Wilde, WIAD

to our correspondenc

milf He Entirel

office over

Mmocs officen

Mr Piers Baker ECD(I)

Mr P Carter, PPD

Ms M Belof, SAAD

2

searike, vetting

Ms H Morgan-Brown, Security Dept Mr N Moyse, NTCD

Mr J Morris, HKD

Mr K Chamberlain, Deputy Legal

Adviser

CIVIL SERVICE NATIONALITY REQUIREMENTS:

1.

ARTICLE 48(4)

At the meeting held at OMCS on 5 June, Anthony Fraser (the Civil Service Commissioners' legal adviser) indicated that he intended to seek the opinion of the Law Officers on a number of issues arising out of the proposed change in Civil Service nationality requirements. The question of which nationality categories are to be included in the public service "core" raises legal as well as policy issues, and it may therefore be appropriate to place this question before the Law Officers. I attach a draft letter to Anthony Fraser setting out a number of possible approaches I would be grateful for any comments from you and other copy recipients in particular those from departments responsible for Dependent Territories.

2.

-

Concerns have been expressed about Dependent Territory citizens, particularly given the possibility of there being closer ties between the Dependent Territories and the UK in the future. Clearly it is necessary to establish nationality rules on the basis of current nationality categories. Any change of the relationship between the Dependent Territories and the United Kingdom will of course have to be considered when it arises. (One possible approach might be to accord British citizenship to Dependent Territory citizens. This has already been accorded to many Falkland Islanders, who would therefore have full access to any posts which were restricted to British citizens).

3.

It is necessary to distinguish between nationality restrictions relating to public service posts under Article 48 (4) of the EEC Treaty, and restrictions based on security, or other grounds, under Article 48(3). Restrictions based on Article 48 (3) can apply to any post, whether or not they are