TNAG-2976-FCO40-1245-Effect-of-the-UK-nationality-laws-on-Dependent-Territories-B-1981 — Page 201

CONFIDENTIAL

COVERING SECRET

Reference

Move Thornice

ши

Rept

&

Mr Rushford

Phan i minuting alkued.

BBR. 1912.

DEFINITION OF CROWN SERVANTS FOR UK NATIONALITY BILL

ia. 23/2

1. Please refer to the attached copy of minuting on the above, including yours of 10 February confirming that Unofficials in ExCo and LegCo nominated under Clause II and XIII of the Hong Kong Royal Instructions come within the definition of 'Crown Servants'.

2. This will have wider implications for the other dependent territories where similar appointments to ExCo or LegCo or Ministertial appointments are made under Royal Instructions or under the public seal. A brief glance at four constitutions shows the following:

झा (Maisata))))

a) Belize

:

b) Bermuda

c)

BVI

:

d)

Caymans

Section 9 of BH Letters Patent 1964 (Royal Instructions)

Section 58 of Bermuda Constitution (Amendment) Order 1973 (Public seal)

Section 13 (4) of the Virgin Islands (Constit- ution) Order 1967 (Public seal)

Section 5 of Cayman Islands (Constitution) Order 1972 (Royal Instructions)

3. I should be grateful for your opinion as to whether these Unofficials and Officials, as well as Ministers so appointed, would qualify in the same way as in Hong Kong for British nationality under the new provisions. Would their eligibility in British nationality continue even after they had left office? What of any children born to them during their service under these instructions?

4.

The relevant documents are attached.

13 February 1981

3. futt Rooks.

B Brett Rooks (Miss)

Hong Kong & General Department

HKG 340/

RECRVED IN REUISTRY NO. 51 23 FEB 1981

Ministus

and

DESK OFFICER

INDEX

STRY

PA

BBR

OR 413

CODE 18-77

SS 8/78

CONFIDENTIAL