TNAG-2628-FCO40-3819-Future-of-Hong-Kong-nationality-British-National-(Overseas)-1992 — Page 27

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

DSR 11 (Revised Sept 85)

DRAFT: minute/letter/teleletter/despatch/note

TYPE: Draft/Final 1 +

FROM:

Reference

Paul Berman

DEPARTMENT:

TEL. NO:

Your Reference

BUILDING:

ROOM NO:

SECURITY CLASSIFICATION

TO:

Copies to:

Top Secret

Mr Anthony Fraser, T Sols Dept, Queen

(see below)

Secret

Anne's Chambers, 28 Broadway,

Confidential

Restricted

Unclassified

PRIVACY MARKING

In Confidence

London SW1

SUBJECT:

CIVIL SERVICE NATIONALITY REQUIREMENTS:

ARTICLE 48(4)

CAVEAT

Enclosures flag(s)

1.

Further to the meeting held at OMCS on

5 June, I understand that it is intended to put a

number of questions to the Law Officers. One

issue that still needs to be resolved is which

categories of nationality are to be included in

the designated public service "core". Until now

discussions on this subject have referred to "UK

nationals". This is not a category of nationality

defined under domestic law, and in drawing up new

nationality rules it will presumably be necessary

to specify categories of nationality as defined in

the 1981 British Nationality Act and subsequently.

I have suggested some alternative approaches to

this issue in paragraph 2. It is clearly

necessary to ensure that the approach adopted

complies with the definition of public service

posts developed in the ECJ's case law on Article

48(4), and you may therefore consider it

appropriate to put this matter to the Law

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