TNAG-2644-FCO40-3837-Emigration-from-Hong-Kong-overseas-rights-to-abode-and-passp-1992 — Page 104

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All of this ties in with the wording of

the wording of paragraph 6(a) of Schedule 1 allowing the Governor, under powers delegated by the Secretary of State, to waive excess absences only in the special circumstances of any particular case. We have already emphasised (Roy Harrington's letter of 21.9.90 to John Morris, FCO Hong Kong Department, refers) that there is no power to exercise discretion over absences in respect of groups of people.

I

an

our

Staff

for

extract information

from enclose

your Instructions (this is an advance copy of our latest revision, hence the manuscript amendments) showing how the Secretary of State uses his discretion in dealing with applications for British citizenship where excess absences are involved. The main point to note is paragraph 4.1,4 and the legal implications of proposals to waive most if not all of the qualifying residence period.

The bottom line is that the requirements for naturalisation as a BDTC are for practical purposes no different from those for naturalisation as a British citizen, including the scope for discretion. The Secretary of State (who has overall authority in this matter) expects Governors of dependent territories to exercise their devolved powers in a way which is consistent with the way the Secretary of State exercises them in the United Kingdom. Gibraltar's proposal to absolve Hong Kong investors from the residence requirements, as they would normally be applied either in accordance, with DSP Volume 46 or our enclosed guidance, therefore finds no favour here.

Yours sincerely

Cokelly

CJ KELLY

сс

Mrs Kellas B2

} with copy of

Mr Morris

FCO, HKD } enclosure

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