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W Jones Esq
Nationality and Treaty Department
Foreign and Commonwealth Office
Clive House
Petty France
LONDON
SW1H 9HD
Des N So. 2
NATIONALITY BILL: DEFINITION OF CROWN SERVICE: INCLUSION OF UNOFFICIAL MEMBERS OF THE EXECUTIVE AND LEGISLATIVE COUNCILS IN HONG KONG
Your reference
Our reference
NTY/77 360/0/73
Date
25 February 1981
I am sorry that we have not replied earlier to your letter of 12 February on this point.
We have consulted our Legal Advisers who are doubtful whether these officers duties fall within the ambit of Crown Service for the purposes of the Nationality Bill. The normal requirement in such cases is that there should be something which is for all intents and purposes a contract of employment operating in a structured environment in which the persons concerned are subject to instructions. However it is understood that for instance, the unofficial members are not paid (beyond an attendance allowance) and that they are free to behave in the Councils as they see fit. It is not sufficient, in our Legal Advisers view, that these members may be doing good service to Crown interests nor that they are appointed by the Crown.
Yours si certy
Jole
JA INGMAN
Ex
j
Nationality Law Unit
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