TNAG-2933-FCO40-4208-Future-of-Hong-Kong-nationality-British-National-(Overseas)-1993 — Page 17

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07-JUN-1993 15:55

B4 IND LIVERPOOL

Discussion

44 051 336 3386

P.14

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The Government's position has always been that Hong Kong's

special nationality difficulties were provided for by the Tritish Nationality (Hong Kong) Act 1990. Anybody not able to benefit

from the provisions of the 1990 Act would fall to be considered

under the terms of the British Nationality Act 1981. The

operation of the 1981 Act would not be adjusted to take into account the special circumstances applying in Hong Kong.

The wives and widows are presumably unable to gain enough points under the 1990 Act's Selection Scheme to qualify for British

citizenship and therefore fall to be considered against the

normal 1981 Act criteria. This means that they cannot (unless

they are in Crown Service) be granted British citizenship while

they live in Hong Kong. They would have to come to the UK and

build up a satisfactory amount of residence during a qualifying period of three or five years (depending on their precise status)

before making application. Excess absences during this period would be investigated and acceptable reasons of a compassionate От business nature would be needed before they could be

overlooked. Absences to the extent envisaged for the wives and widows would be unprecedented and quite

quite contrary to the philosophy of the 1981 Act. Although the Secretary of State can

exercise discretion over excess absences the Act prescribes the

level of absences which are thought tolerable (ie no more than

450 days absence in the five year qualifying period of which no more than 90 days in the final year). In practice we comply as

closely as possible with the spirit of the Act and the residence periods for which it provides. We also have to be satisfied that where the applicant is not a BDTC or married to a BC that she

intends to maintain her principal home in the UK.

If we are to treat the wives and widows in accordance with normal

1981 Act criteria, therefore, we shall be unable to agree to the request made on their behalf. Even if it were decided to move away from the Government's earlier position it is difficult to see why the policy should be so completely overturned for this

particular

There are no especially deserving

group.