The British Nationality (Hong Kong) (Selection Scheme) Order 1990

• Citation: S.I. 1990/2292
• Sections: 71

Section 1

This Order may be cited as the British Nationality (Hong Kong) (Selection Scheme) Order 1990 and shall come into force on 1st December 1990.

Section 2

The selection scheme submitted to the Secretary of State by the Governor of Hong Kong and set out in the Schedule to this Order shall have effect for the purposes of section 1(1) of the British Nationality (Hong Kong) Act 1990.

Section 1

Managers and administrators.

Section 1

Managers and administrators

Section 2

Business professionals.

Section 2

Business professionals

Section 3

Business and administration associate professionals.

Section 3

Business and administration associate professionals

Section 4

Accountants and auditors.

Section 4

Accountants and auditors

Section 5

Accounting associate professionals.

Section 5

Accounting associate professionals

Section 6

Engineers and related professionals.

Section 6

Engineers and related professionals

Section 7

Architects, planners and surveyors.

Section 7

Architects, planners and surveyors

Section 8

Engineering associate professionals.

Section 8

Engineering associate professionals

Section 9

Information science professionals.

Section 9

Information science professionals

Section 10

News editors and journalists.

Section 10

News editors and journalists

Section 11

Medical doctors.

Section 11

Medical doctors

Section 12

Physical and life science professionals.

Section 12

Physical and life science professionals

Section 13

Nurses and midwives.

Section 13

Nurses and midwives

Section 14

Other medical professionals (except nurses and midwives).

Section 14

Other medical professionals (except nurses and midwives)

Section 15

Health associate professionals (except nurses and midwives).

Section 15

Health associate professionals (except nurses and midwices)

Section 16

Legal professionals.

Section 16

Legal professionals

Section 17

Legal associate professionals.

Section 17

Legal associate professionals

Section 18

Teaching professionals (post-secondary).

Section 18

Teaching professionals (post-secondary)

Section 19

Educational administrators.

Section 19

Educational administrators

Section 20

Other teaching personnel.

Section 20

Other teaching personnel

Section 1 The scheme

This scheme is submitted by the Governor of Hong Kong to the Secretary of State under paragraph 2 of Schedule 1 to the British Nationality (Hong Kong) Act 1990 for the purposes of section 1(1) of that Act (acquisition of British citizenship by up to 50,000 persons recommended to the Secretary of State for that purpose by the Governor of Hong Kong).

Section 2 Interpretation

(1) In this scheme–

“ Act of 1981 ” means the British Nationality Act 1981 ;

“Act of 1990” means the British Nationality (Hong Kong) Act 1990 and any reference to a section or a Schedule is a reference to a section of, or a Schedule to, that Act;

“applicant” means an applicant for a recommendation under section 1(1) and “apply” and “application” shall be construed accordingly;

“common date”, in relation to an applicant, means the first day of the period specified in a direction during which his application is determined;

“direction” means a direction by the Secretary of State under section 1(3);

“ Governor ” means the Governor of Hong Kong;

“recommendation” means a recommendation by the Governor under section 1(1) and “recommend” and “recommended” shall be construed accordingly;

“registered” means registered under section 1(1).

(2) Where it falls to the Governor under this scheme to make any calculation he may for that purpose–

(a) use such statistics or information as appear to him to be appropriate;

(b) round up or down any figure to the nearest whole number.

(3) Any reference in this scheme to the Governor includes, in relation to any function which the Governor has authorised a public officer in Hong Kong to exercise on his behalf under section 3(3)(b), a reference to that officer.

(4) Unless the context otherwise requires, any reference in this scheme to a Part, Article or Annex is a reference to a Part or Article of, or Annex to, this scheme and any reference in an Article to a paragraph is a reference to a paragraph of that Article.

Section 3 Application of scheme

(1) This scheme applies to persons who are settled in Hong Kong and who–

(a) are British Dependent Territories citizens by virtue of a connection with Hong Kong or who have, before the passing of the Act of 1990 or, as the case may be, before any later date specified for the purposes of paragraph 4(1)(a) of Schedule 1 by a direction, applied for registration or naturalisation as such citizens by virtue of such a connection and whose applications would have been successful in the absence of registration under that Act; or

(b) are British Nationals (Overseas), British Overseas citizens, British subjects by virtue of Part IV of the Act of 1981 or British protected persons.

(2) References in paragraph (1) to a connection with Hong Kong shall be construed in accordance with Article 2 of the Hong Kong (British Nationality) Order 1986 .

Section 4 Classes of applicant

(1) This scheme makes provision for applications to be made in the general occupational class and in three miscellaneous classes, namely the disciplined services class, the sensitive service class and the entrepreneurs class.

(2) An applicant may only apply in one of the classes referred to in paragraph (1) in any single period specified in a direction.

Section 5 Quotas for classes of applicant

The quota of persons to be recommended in respect of each class of applicant shall be as follows–

Section 6 Transfer of application between classes

(1) Subject to paragraph (2), if it appears to the Governor that an application in one class could more appropriately be dealt with in another class he may treat the application as if it had been made in that other class.

(2) Where the Governor treats an application under paragraph (1) as having been made in another class but decides not to recommend the applicant in that class he shall reconsider the application in the class in which it was first made.

Section 7 Interpretation

In this Part–

“approved occupation” means an occupation (other than a specified occupation) approved by the Governor as requiring such technical skills or professional qualifications as he considers necessary or desirable for the continued successful administration of Hong Kong;

“British undertaking” means a company or firm which the Governor is satisfied has a close connection with the United Kingdom;

“emigration rate” in relation to any specified occupational group or approved occupation, means the percentage of persons in that group or occupation who appear to the Governor to have emigrated from Hong Kong during the period of three years preceding the common date;

“relevant occupation”, in relation to an applicant, means the specified or approved occupation in which the applicant has applied;

“relevant quota”, in relation to an applicant, means the quota determined by Article 10 for the specified occupational group or approved occupation in which the applicant has applied;

“specified occupational group” means an occupational group specified in Annex 1 and “specified occupation” means an occupation falling within a specified occupational group.

Section 8 Restriction on applications

An applicant may only apply in one occupation in any single period specified in a direction.