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to further advice from B4 Division (nationality).
4.
from /B4
The advice/B4 Division is likely to take some weeks to
emerge. In normal circumstances we could expect B4 officials firmly to resist this proposal, but in the light
of their Minister's change of inclination, I am told that
their advice is likely to be more neutral. But they will
remain wary of the risk of creating a precedent (eg for
families in similar circumstances elsewhere in the world
seeking comparable treatment), if Ministers abandon normal practice in the use of Section 3(1). officials suggested to
me that a further letter from Lord Caithness would need to
reassure Mr Lloyd (and the Home Secretary) that: i) OMELCO have no other groups up their sleeves; and ii) that registration could be done without knock-on effect for other groups either in Hong Kong or elsewhere in the world.
5.
Unfortunately the record of the call contains the idea (suggested by an official from the best of motives, but without being thought through) that the general policy that
the child's future should lie in the UK could be met "if the
child was being educated here or the parents indicated they
were likely to come here after 1997". This conflicts with OMELCO's main argument (and carries other technical disadvantages), so the draft seeks to head off this idea (before B4 seize upon it as a compromise), and instead defends the use of registration in a way that would be consciously contrary to normal practice, but consistent with the aims of the 1990 nationality scheme.
Jihani
J C Morris
JM2AAM/2
Podesth
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