TNAG-2943-FCO40-4219-Future-of-Hong-Kong-nationality-ethnic-minorities-1993 — Page 78

War Wives and Widows

CONFIDENTIAL

6.

The Hong Kong Crown Solicitor met the Home

Office legal adviser in London on 24 August, and discussed the residential requirements for registration and naturalisation under sections 4 and 6(2) of the

British Nationality Act.

According to the Crown

Solicitor, the Home Office legal adviser agreed that discretion does exist to disregard even lengthy periods of absence from the United Kingdom during the

qualifying period. The Crown Solicitor's understanding

was that the Home Office legal adviser would therefore

review his previous advice and recommend to the Home

Secretary that a very minimal period of residence,

probably consisting only of a short visit to the United

Kingdom at the start of the qualifying period, should

be considered sufficient in this small number of

exceptional cases; and that this was not incompatible with the intent of the legislation.

7.

I presume this discussion overtakes the

earlier advice forwarded in your letter of 25 August

(Barnes-Jones to Vickers)? The exercising of the Home

Secretary's discretion regarding the period of

residence for these few old ladies would be very well

received in Hong Kong.

CONFIDENTIAL

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