DD HONG KONG 0501002
GRS 609
SECRET
DESKBY 050100Z
SECRET
Kick 040/400
5FEE 1985
-40501
No 1
Riv
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FM FCO 041205Z FEB 85
TO IMMEDIATE HONG KONG
TELEGRAM NUMBER 214 OF 4 FEBRUARY
INFO IMMEDIATE PEKING
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YOUR TELNO 269 AND PEKING TELNO 147: HONG KONG BILL: NATIONALITY/
PASSPORTS
1.
THE AUTOMATIC ACQUISITION OF BOC STATUS BY CHILDREN BORN
AFTER 1997 TO FORMER HONG KONG BDTCS, IF THEY WOULD OTHERWISE BE
STATELESS, IS INTENDED TO COVER ONLY THE FIRST GENERATION BORN
AFTER 30 JUNE 1997. THE CHILDREN OF THESE BOCS WOULD BE ABLE TO
ACQUIRE BOC STATUS ONLY UNDER THE PROVISIONS OF PARAGRAPH 4 OF
SCHEDULE 2 OF THE BNA 1981. WE AGREE THAT PARAGRAPH 6 OF
SCHEDULE 2 WOULD NOT COVER THESE CASES. NOR WOULD SECTION 27(1)
OF THE ACT, WHICH IS INTENDED ONLY FOR SPECIAL CASES SUCH AS
ADOPTED CHILDREN.
2.
THE HOME OFFICE ARE OPPOSED TO THE EXTENSION OF THE WIDER
PROVISIONS FOR ACQUISITION OF BOC STATUS BEYOND THE FIRST
GENERATION BORN AFTER 1997. THEY ARGUE, IN OUR VIEW WITH SOME
JUSTIFICATION, THAT HMG CANNOT MAKE AN INDEFINITE COMMITMENT TO
CONTINUE TO GRANT BRITISH NATIONALITY TO PERSONS WHO ARE IN
EFFECT SETTLED IN A FOREIGN COUNTRY. SCHEDULE 2 OF THE BNA 1981
MEETS OUR COMMITMENTS UNDER THE CONVENTION ON THE REDUCTION OF
STATELESSNESS. IF SUCH CHILDREN HAVE NO OTHER NATIONALITY, IT IS
IN PRINCIPLE CHINESE RATHER THAN BRITISH NATIONALITY THAT THEY
SHOULD ACQUIRE.
3. WE AGREE WITH YOUR READING OF THE CHINESE NATIONALITY LAW.
ONE OTHER AVENUE FOR THE ACQUISITION OF CHINESE NATIONALITY WOULD
BE BY APPLICATION (ARTICLE 7), ALTHOUGH THIS APPEARS TO BE
DISCRETIONARY. WE WONDER, THEREFORE, IF IT WOULD BE HELPFUL TO
APPROACH THE CHINESE TO ASK THEM IF THEY WOULD BE WILLING TO MAKE
A STATEMENT TO THE EFFECT THAT THEY WOULD GRANT NATIONALITY
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