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ALMOST AUTOMATICALLY TO NON-CHINESE FORMER HONG KONG BDTCS WHO
APPLIED FOR IT, AND TO THEIR CHILDREN BORN IN THE HONG KONG SAR.
WE REALISE THAT MANY NON-CHINESE BDTCS MAY NOT WANT CHINESE
NATIONALITY, BUT IF THEY AND THEIR DESCENDANTS ARE TO CONTINUE TO
LIVE IN HONG KONG THIS 'DOES REALISTICALLY APPEAR TO BE THE BEST
OPTION FOR THEM.
4. FOR THE PURPOSES OF THE LEGCO DEBATE ON 6 FEBRUARY, WE THINK
WE MIGHT LATER BE ACCUSED OF MISLEADING PEOPLE IF WE SAY THAT THE
DETAILS OF THE ORDER-IN-COUNCIL ARE STILL UNDER DISCUSSION AND
THAT NO DECISION HAS BEEN TAKEN ON THIS POINT. WE THEREFORE
SUGGEST THE FOLLOWING LINE, AND WOULD BE GRATEFUL FOR YOUR
COMMENTS ON IT DESKBY 050900Z. WE SHALL NEED TO CLEAR IT WITH
MINISTERS HERE TOMORROW.
A) THE PROPOSAL THAT CHILDREN BORN AFTER 30 JUNE 1997 TO
NON-CHINESE FORMER BDTCS SHOULD ACQUIRE BOC STATUS AUTOMATICALLY
AT BIRTH IF THEY WOULD OTHERWISE BE STATELESS IS INTENDED TO
APPLY ONLY TO THE FIRST POST-1997 GENERATION.
B) CHILDREN BORN TO THOSE WHO ACQUIRE BOC STATUS IN THIS WAY
WOULD BE ELIGIBLE THEMSELVES TO ACQUIRE BOC STATUS ONLY UNDER THE
TERMS OF THE EXISTING SCHEDULE 2 OF THE BNA 1981.
C) THIS IS BECAUSE HMG DO NOT CONSIDER IT APPROPRIATE AS A
GENERAL PRINCIPLE TO GRANT BRITISH NATIONALITY INDEFINITELY AND
WITHOUT RESTRICTIONS TO THE DESCENDANTS OF BRITISH NATIONALS.
THERE IS NO REASON WHY THE CHILDREN OF PERSONS WHO ACQUIRED BOC
STATUS BY VIRTUE OF THEIR FATHER OR MOTHER BEING A FORMER HONG
KONG BDTC SHOULD BE TREATED MORE FAVOURABLY THAN THE CHILDREN OF
OTHER BOCS.
D) IF THE DESCENDENTS OF FORMER HONG KONG BDTCS CONTINUE TO LIVE
AND WORK IN THE HONG KONG SAR, IT WOULD BE LOGICAL AND SENSIBLE
FOR THEM TO APPLY TO ACQUIRE CHINESE NATIONALITY. WE RECOGNISE
THAT WE SHALL NEED TO DISCUSS THE QUESTION WITH THE CHINESE
GOVERNMENT.
5.
WITH REGARD TO PARAGRAPH 5 OF YOUR TUR WE CONFIRM THAT BOCS
OR BN (0)S WHO ARE NOT CHINESE NATIONALS WILL BE ELIGIBLE TO
RECEIVE BRITISH CONSULAR PROTECTION IN CHINA AND THE SAR (SEE
PARA 4 OF FCO TELNO 190). WE SEE NO REASON WHY THIS SHOULD NOT
BE SAID IN THE LEGCO DEBATE.
HOWE
HONG KONG AGREEMENT
LIMITED
:
HD/HKD
HD/FED
HD/PLANNING STAFF
HD/PUSD
DEP HD/PUSD
RESEARCH DEPT (MR WALKER)
PS
PS/MR LUCE
PS/PUS
SIR W HARDING
MR WILSON
SIR J FREELAND
MR J CROWLEY, FUSD.
- སྙ
COPIES TO: (VIA ADR)
MR ROBERTS, NEWS DEPT
MR FIFOOT, LEGAL ADVISERS
MR BURROWS, LEGAL ADVISERS
MR MARTIN, ASST STAFF CABINET
OFFICE
MR CARTLEDGE, CABINET OFFICE MR DRC CHRISTOPHER, CABINET OFF. SIR P CRADOCK, NO 10 DOWNING ST
MR EMERY BUTH/OFFICE CROYDON
SECRET MR. HYDE
4/0
Q.A.C.