TNAG-2940-FCO40-4216-Future-of-Hong-Kong-nationality-ethnic-minorities-1993 — Page 55

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Department. This might have the wider presentational advantage (within LegCo and in the community) that LegCo would be seen to share the responsibility for protecting the interests of British nationals in Hong Kong.

3.

But how to set up such a panel? Home Office Legal advisers do not believe that it would be possible to provide in the Order for setting up an advisory panel. They see no power to set up a decision-making body in existing legislation. However, there would be no need for a legal basis for the body; it could be set up administratively. We imagine that you would not want to give the panel discretionary powers which properly belong to you as delegated under British nationality legislation. In conclusion, an advisory committee performing an administrative task could perfectly well be set up by administrative means. This might not give LegCo all they want, but for the reasons set out above, we think it would be defensible.

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LEGAL ADVISERS//MS BARRETT LEGAL ADVISERS//MISS BROOKS LEGAL ADVISERS//MR GILES

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CAOFF//SIR R BRAITHWAITE (DIO) CAOFF//MISS NEVILLE-JONES

CAOFF //MR SIBSON PS NO 10.

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