GR 272
RESTRICTED
RESTRICTED
DESKBY 098988Z
FM HONG KONG #98757Z FEB 81
TO IMMEDIATE F C O
TELEGRAM NUMBER 119 OF 9 FEBRUARY
See (71)
INFO HONG KONG GOVERNMENT OFFICE LONDON
YOUR TELNO 118 OF 6 FEBRUARY
TOP COPY
HICK
34011
RECEIVED IN RECASTRY NO. 51
-
- 9 FEB 1981
BESX OFFICER
INDEX
REGISTRY Action Teken
(536
PA
مثل
9154
Pas 815
NATIONALITY BILL: BIRTH IN BDT
see (61)
+
61
WE HAVE NOT YET SEEN THE TEXT OF THE AMENDMENT BUT WE NOTE THAT
IT IS AN ADDITION TO CLAUSE 1 OF THE BILL. WE ASSUME THAT IT
WOULD:
(A) REPLACE THE PROVISIONS IN PARA, 2 OF SCHEDULE 2 FOR THE REGISTRATION OF STATELESS PERSONS, AND
(B) CONTINUE TO MEAN THAT ANY PERSON REGISTERED UNDER THE PROPOSED ADDITIONAL PROVISION WOULD BE A BRITISH CITIZEN ''BY VIRTUE OF BIRTH IN THE UK'' (SEE CLAUSE 12).
2. IF THESE ASSUMPTIONS ARE CORRECT, THE PROPOSED ADDITION WOULD SEEM TO BE A RETROGRADE STEP IN THAT IT REQUIRES 10 YEARS RESIDENCE
AS OPPOSED TO 5 YEARS UNDER THE PRESENT PARA. 2 OF SCHEDULE 2.
SURELY THIS IS NOT THE INTENTION? WE SHOULD BE GRATEFUL FOR
CLARIFICATION.
3. SUBJECT TO THESE COMMENTS, A CORRESPONDING PROVISION FOR ACQUISITION OF CBDT WOULD BE HELPFUL FROM HONG KONG'S POINT OF VIEW TOWARDS CLARIFYING THE POSITION OF CHILDREN BORN TO RECENT
IMMIGRANTS WHO HAVE NOT YET ACHIEVED RESIDENT STATUS. THE PROVISION
ENVISAGED IN YOUR PARA. 2 TO COVER PEOPLE BORN IN ONE DEPENDENCY AND COMPLETING THE RESIDENCE REQUIREMENT IN ANOTHER WOULD NOT CAUSE
US UNDUE DIFFICULTY SINCE MOVEMENT BETWEEN DEPENDENCIES WILL
CONTINUE TO BE SUBJECT TO CONTROL UNDER THE RESPECTIVE IMMIGRATION
LAWS OF THE VARIOUS DEPENDINCIES.
4. IT IS NOT CLEAR WHETHER THE PROPOSED ADDITION TO CLAUSE 1 WOULD ALSO REPLACE PARA. 1 (AND THEREFORE THE CORRESPONDING PARA. 3 FOR DEPENDENT TERRITORIES) OF SCHEDULE 2. AS WE SEE IT, PARA. 3 OF SCHEDULE 2 WOULD ENABLE A CHILD BORN IN HONG KONG TO A BRITISH CITIZEN WHO IS NOT YET SETTLED IN HONG KONG TO ACQUIRE BRITISH CITIZENSHIP. IF PARA. 3 OF SCHEDULE 2 WERE DELETED AS A RESULT OF THE PROPOSED ADDITION TO CLAUSE 1, THIS COULD HAVE IMPORTANT ADVERSE EFFECTS ON THE POSITION OF SOME BRITISH CITIZENS WORKING IN
HONG KONG,
MACLE HOSE
LIMITED
HKOGD
NTD
FED
SIR.E. YOUDE
MR ADAMS MR DONALD
RESTRICTED
COPIES
то
HONG KONG GOVERNMENT OFFICE
LONDON
58