25. Where it appears to the Governor that two or more applicants are equally qualified under the scheme but he cannot recommend each of them without exceeding the relevant quota, he shall decide at his discretion which applicant or applicants to recommend.
26. Where two or more applicants qualify under the scheme to be recommended but the relationship between them is such that, by virtue of subsection (4) of section 1, only one of them can be registered under that section, the Governor shall, in the absence of any agreement between the applicants as to which of them should be recommended, determine for himself which applicant to recommend.
27. Where it appears to the Governor that an applicant possesses a citizenship which confers upon the applicant a right of abode in a country or territory outside Hong Kong or the People’s Republic of China, he shall, where the applicant falls to be dealt with in either the general occupational class or the disciplined services class, deduct 200 points from the points allocated to the applicant and shall, where the applicant falls to be dealt with in either the sensitive service class or the entrepreneurs class, take that citizenship into account in deciding whether or not to recommend that applicant.
28. Where the Governor is, for the time being, prevented from recommending the full quota of applicants of any given class or description under this scheme by a direction, the Governor shall determine which applicants to recommend and shall do so, where applicable, by reference to the total number of points allocated to applicants in each class or description to which the direction relates.
29. Where an applicant is–
(a)serving as
(i)a staff member on the establishment of Government House;
(ii)a member of the committee appointed under section 3(3)(a) to advise the Governor on matters arising under the scheme; or
(iii)a public officer authorised by the Governor under section 3(3)(b) to exercise functions on his behalf in respect of applications under the scheme, or
(b)otherwise concerned with the implementation of the scheme in an official capacity, that applicant shall not deal in his official capacity with any matter concerned with, or arising from, his own application or any application in which he has a personal interest.
Submitted to the Secretary of State by the Governor of Hong Kong,
12th October 1990.