DD 10010OZ HONG KONG

GRS 765

CONFIDENTIAL

CONFIDENTIAL

DESKBY 100100Z HONG KONG AND PEKING

FM FCO 091645Z NOVEMBER 84

TO IMMEDIATE HONG KONG

TELEGRAM NUMBER 2222 OF 9 NOVEMBER

INFO IMMEDIATE PEKING

MIPT: HONG KONG AGREEMENT: LEGISLATION

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13 NOV 1984

DESK OFFICER

INDEX

PA

REGORY

Action Taken

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DRAFT INSTRUCTIONS TO PARLIAMENTARY COUNSEL ON NATIONALITY ARE AS

FOLLOWS:

7. THE OBJECT OF THE NATIONALITY PROVISIONS IN THE BILL WILL BE

TO TAKE ADVANTAGE OF CHINA'S TACIT ACCEPTANCE OF THE UK

MEMORANDUM (PAGE 28 OF PAPER A). THE BILL SHOULD CONTAIN

ENABLING PROVISIONS INCLUDING REFERENCE TO THE MAIN OBJECTIVES

SPECIFIED BELOW, SO THAT SUBSEQUENTLY THE OPERATIVE PROVISIONS

AND THE NECESSARY DETAILED AMENDMENTS TO THE BRITISH NATIONALITY

ACT 1981 (C.61) CAN BE MADE BY MEANS OF ONE OR MORE ORDERS IN

COUNCIL, WHICH WILL BE SUBJECT TO AFFIRMATIVE RESOLUTION IN

PARLIAMENT.

8. OUR MAIN AIM WILL BE TO ENSURE THAT PERSONS WHO IMMEDIATELY

BEFORE 1 JULY 1997 ARE BRITISH DEPENDENT TERRITORIES CITIZENS

(BDTCS) BY VIRTUE OF A CONNECTION WITH HONG KONG AND WITH NO

OTHER DEPENDENT TERRITORIES LOSE THEIR BDTC STATUS ON THAT DATE

BUT ARE ENTITLED TO ACQUIRE, ON APPLICATION, A NEW FORM OF BRITISH NATIONALITY. ALL PROVISIONS NECESSARY TO ACHIEVE THIS

WILL BE MADE IN THE ORDER IN COUNCIL. IN PARTICULAR IT IS

CONTEMPLATED THAT THE ORDER WILL IDENTIFY THE BDTCS AFFECTED AND

IT IS SUGGESTED, SUBJECT TO THE DRAFTSMAN'S VIEWS, THAT IT WILL BE APPROPRIATE IN THE BILL TO LIMIT THE FIELD TO PERSONS HAVING

BDTC STATUS BY VIRTUE OF A CONNECTION WITH HONG KONG (AS IN THE UK MEMORANDUM). WE REFER TO 'A' CONNECTION DELIBERATELY TO ALLOW

FOR THE POSSIBILITY THAT THE CONNECTION MAY BE THROUGH ANOTHER

PERSON, EG A PARENT OR SPOUSE.

9.

THE REFERENCE TO HONG KONG IN THE LIST OF DEPENDENT TERRITORIES IN SCHEDULE 6 TO THE 1981 ACT WILL HAVE TO BE DELETED

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CONFIDENTIAL

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