TNAG-2635-FCO40-3826-Future-of-Hong-Kong-nationality-British-undertakings-1992 — Page 122

Miss Brooks

Legal Advisers

K 211

Reference...

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FILE 64

BRITISH UNDERTAKINGS

1.

In an effort to sort out the 150 odd remaining names which have been forwarded to us by the British Trade Commission, Hong Kong and that DTI tell us are not registered at Companies House, I have been writing to various organisations (eg hospitals, universities etc) and professional associations (eg Institute of Chartered Accountants, Law Society etc). Several questions have arisen from this exercise and I should therefore be grateful for your advice.

2.

As you know the definition of a British Undertaking is "a company or firm which the Governor is satisfied has a close connection with the United Kingdom", (section 7 of the British Nationality (Hong Kong) (Selection Scheme) Order 1990). In addition an applicant can obtain points for a connection with the United Kingdom if he has been in "Crown Service under the Government of the UK or Hong Kong", (section 16 of the British Nationality (Hong Kong) (Selection Order) 1990). Using this criteria I assume that the Royal Mint which is not a body corporate but a government department qualifies as a British Undertaking under Crown Service and that those hospitals which are run by Area Health Authorities would also qualify since the latter are bodies corporate under the National Health Act 1977. But I assume that the National Institute of Agricultural Botany which was founded by a Deed of Trust and is regulated by a scheme made by the Secretary of State for Education and Science under section 18 of the Charities Act 1960 does not qualify as a British Undertaking.

3. As regards the remaining names I think that the fact that they are registered either with a professional association or in a British telephone directory shows that they have a close connection with the UK. But would it be sufficient, bearing in mind the risk of judicial review, to also regard them as companies, firms or partnerships and hence British Undertakings without making further enquiries as to their status?

HKD 340/3

CODE 18-77

J Woodrow

Hong Kong Department

WH 312

270 2656

29 April 1992

JH4AAN SLM

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