GRS 700

CONFIDENTIAL

DESKBY FCO 31113OZ

CONFIDENTIAL

FM HONG KONG 31104OZ JAN 85

TO IMMEDIATE F C O

TELEGRAM NUMBER 260 OF 31 JANUARY

INFO IMMEDIATE PEKING

JUCK 04014

RECEIVED IN REGISTRY

4FEB 1985

DEST OFF.

INDEX

M

MIPT : HONG KONG BILL : TITLE OF NEW FORM OF NATIONA

FOLLOWING IS A DRAFT QUESTION AND ANSWER BRIEF.

NATIONALUTA

102

Q1. RIGHTS OF BNO'S.

A1. SAME AS BDTC EXCEPT FOR TRANSMISSIBILITY. SPECIFICALLY,

SNO'S ENTITLED TO TRAVEL ON BRITISH PASSPORTS AND TO RECEIVE BRITISH PASSPORTS AND TO RECEIVE BRITISH CONSULAR PROTECTION IN THIRD COUNTRIES. ALSO ENTITLED TO BE REGISTERED AS BRITISH CITIZENS UNDER SECTION 4 OF BNA 1981 SUBJECT TO REQUIREMENTS BEING

MET.

Q2. RIGHT OF ABODE.

A2. BDTC CARRIES RIGHT OF ABODE IN ABRITISH DEPENDENT TERRITORY.

HONG KONG WILL CEASE TO BE BRITISH DEPENDENT TERRITORY AS FROM 1

JULY 1997. THEREFORE RIGHT OF ABODE IN HONG KONG WILL NOT BE WITHIN

HMG'S POWERS TO PRESCRIBE. HOWEVER, CLEAR AND SPECIFIC PROVISIONS INCLUDED IN SECTION XIV OF ANNEX I TO JOINT DECLARATION AND WILL.

BE STIPULATED IN BASIC LAW.

Q3. STATEMENT OF RIGHT OF ABODE IN BNO PASSPORTS.

A3. AFTER 1997 NOT FOR HMG TO STATE WHO HAS RIGHT OF ABODE IN SAR.

BUT BNO PASSPORTS WILL CARRY REFERENCE TO PERMANENT SAR IDENTITY

CARDS WHICH IN TURN WILL STATE HOLDERS'S RIGHT OF ABODE IN SAR.

(ADD FORM OF ENDORSEMENT IF CLEARED WITH CHINESE BY THEN).

A

Q4. DIFFERENCE BETWEEN NATIONALITY AND CITIZENSHIP.

A4. NATIONALITY A CONCEPT OF INTERNATIONAL LAW AND CITIZENSHIP

A CONCEPT OF MUNICIPAL LAW. UNDER UK LAW NATIONALITY DIVIDED INTO

DIFFERENT CATEGORIES OF CITIZENSHIP DEPENDING ON WHERE A BRITISH

NATIONAL HAS THE RIGHT OF ABODE.

Q5. ABSENCE OF WORD CITIZEN' IN NEW TITLE.

A5. NEW TITLE ARRIVED AT AFTER CONSULTATION WITH EXCO. WORD

''NATIONAL CHOSEN TO MAKE CLEAR THAT NEW STATUS IS FORM OF

BRITISH NATIONALITY,

CONFIDENTIAL

106

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