The British Nationality (Hong Kong) (Selection Scheme) (Amendment) Order 1993

Explanatory Note

(This note is not part of the Order)

Section 1(1) of the British Nationality (Hong Kong) Act 1990 provides that the Secretary of State shall register as British citizens up to 50,000 persons recommended to him for that purpose by the Governor of Hong Kong under a scheme or schemes made and approved in accordance with Schedule 1 to that Act. Paragraph 1 of that Schedule provides that effect shall be given to any such scheme by an Order in Council setting out the terms of the scheme. The British Nationality (Hong Kong) (Selection Scheme) Order 1990 was the first Order to be made under the Act. This Order contains a new scheme which comprises of amendments to the original scheme.

This Order gives effect in the Schedule, without modifications, to a scheme submitted by the Governor. The scheme provides for amendments to be made to the original scheme for the second period of its operation, which is to start on 3rd January 1994 and is to finish on 30th June 1997.

Article 2 makes provision for the Governor to invite a second application in either the sensitive service class or the entrepreneurs class. Article 3 makes provision for the Governor to transfer places between classes if it appears to him that the number of persons to be recommended in any class will fall short of the quota allocated to it.

Article 5 substitutes a new Article 10 which sets out how the quota for each approved occupation and each specified occupational group in the general occupational class is to be determined. The special provisions in the original scheme for managers and administrators in service with the Government of Hong Kong are removed.

Article 7 makes various changes to the number of points allocated in the scheme. Article 8 provides that service as a Justice of the Peace shall attract points under the scheme in the same way as service with those public bodies mentioned in Article 17 of the 1990 Order. Article 9 substitutes a new Article 21 which sets out how the quota for each disciplined service within the disciplined services class is to be determined.

Article 10 substitutes a new Annex 3 which revises the points to be allocated for each year’s relevant experience for those applying in the managers and administrators occupational group of the general occupational class. Article 11 makes an amendment to Annex 4 in regard to the points to be allocated to accounting associate professionals.