GRS 600
CONFIDENTIAL
TO IMMEDIATE F C O
CONFIDENTIAL
DESKBY 1209OOZ
FM HONG KONG 120515Z NOV 84
TELEGRAM NUMBER 3444 OF 12 NOVEMBER
INFO IMMEDIATE PEKING
917
HUU 040/53 нии
ECEIVED IN REGISTRY
TOP COPY12 NOV 1984
DESK
INDTS
(93
YOUR TELSNCS 2212, 2221 AND 2222: HONG KONG AGREEMENT : LEGISLATION
: NATIONALITY.
WE ARE GENERALLY CONTENT WITH THE DRAFT INSTRUCTIONS IN YOUR
THIRD TUR EXCEPT FOR THE REFERENCE IN PARA 10 TO THE NEED TO
APPLY FOR THE NEW FORM OF BRITISH NATIONALITY TO BE CREATED. WE
ASSUME THIS IS REFERENCE TO THE REGISTRATION PROCESS MENTIONED
IN PARA 1(A) OF YOUR FIRST TUR. AS POINTED OUT IN PEKING TELNO 2178
(FROM MCLAREN) AND HONG KONG TELNO 2724, THE CHINESE WOULD NOT
LIKE THE IDEA OF REGISTRATION, THIS BEING A POSITIVE ACT OF
ACQUIRING A 'FOREIGN NATIONALITY. IN ANY CASE, SINCE YOUR FIRST TUR
APPEARS TO ENVISAGE THAT REGISTRATION WOULD BE A SEPARATE PROCESS
PRECEDING THE ISSUE OF A PASSPORT, ALTHOUGH THE TWO WOULD BE SMIULTANEOUS IN PRACTICE, WE ARE NOT SURE THAT THE PORPOSED PROCED-
URES ARE STRICTLY CONSISTENT WITH THE TERMS OF THE UK MEMORANDUM.
2. THE MAJORITY OF HONG KONG BDTCS ARE ALSO LIKELY TO REACT ADVERSELY
TO THE IDEA OF GOING THROUGH A PROCESS OF REGISTRATION FOR WHAT TO
THEM WILL BE SIMPLY A CHANGE OF TITLE, NOT A CHANGE OF NATIONALITY.
THEY DID NOT HAVE TO REGISTER WHEN THE TITLE CUKC WAS CHANGED TO
BDTC. THEY WILL NOT UNDERSTAND WHY REGISTRATION IS NECESSARY ON
THIS OCCASION, AND SOME WILL PROBABLY SUSPECT THAT THIS IS A MEANS
OF FORCING THEM TO CHOOSE BETWEEN RELINQUISHING BRITISH NATIONALITY
AND RISKING CHINESE DISFAVOUR BY ACQUIRING IT.
3. WE TAKE THE POINT IN THE FIRST SENTENCE OF PARA. 2 OF YOUR FIRST
TUR. BUT WE THINK THE LEGAL CONSIDERATIONS WOULD BE SATISFIED IF
THE LEGISLATION WERE TO PROVIDE FOR THE NEW FORM OF BRITISH
NATIONALITY TO BE ACQUIRED (NEXT WORD UNDERLINED) AUTOMATICALLY
BY ALL PERSONS WHO, BEING HONG KONG BDTCS, HAVE OTAINED OR BEEN
INCLUDED IN A HONG KONG BRITISH PASSPORT BEFORE 1 JULY 1997 (EXCEPT
CHILDREN BORN IMMEDIATELY BEFORE THAT DATE FOR WHOM SPECIAL ARRANGE-
MENTS WILL BE MADE). IN OTHER WORDS, POSSESSION OF THE PASSPORT
WILL CONTINUE TO FLOW FROM POSSESSION OF BDT CITIZENSHIP (WHICH
WILL NOT LAPSE UNTIL 1 JULY 1997), WHILE POSSESSION OF THE NEW
FORM OF BRITISH NATIONALITY WILL FLOW FROM POSSESSION OF THE
PASSPORT, IN ACCORDANCE WITH SUB-PARA (A) OF THE UK MEMORANDUM.
4. WE ASSUME THAT PARA 13 OF YOUR THIRD TUR IS DESIGNED TO COVER
EXCEPTIONAL CASES WHERE, FOR SOME REASON OR OTHER, A NON-CHINESE
BDTC WHO HAS NO OTHER NATIONALITY FAILED TO OBTAIN OR BE INCLUDED
IN A BRITISH PASSPORT BEFORE 1 JULY 1997. WE AGREE TO THIS BUT
WOULD DRAW ATTENTION TO THE NEED TO INFORM THE CHINESE OF OUR
INTENTIONS : OUR PREVIOUS DISCUSSION WITH THE CHINESE ON THIS POINT
RELATED ONLY TO CHILDREN BORN AFTER 30 JUNE 1997 TO NON-CHINESE
CONFIDENTIAL
/ Гочные