CONFIDENTIAL
48
OP COPY
GRS 220
CONFIDENTIAL
FM HONG KONG 17031OZ JAN 85
TO PRIORITY F C O
17 JAN 125
По
Bar
(27)
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TELEGRAM NUMBER 144 OF 17 JANUARY
INFO PRIORITY PEKING
£23
YOUR TELNO 47 AND OUR TELNO 77:
HONG KONG AGREEMENT: NATIONALITY LEGISLATION.
WE AGREE THAT THE ALTERNATIVE APPROACH PROPOSED BY HOME OFFICE SEEMS SENSIBLE, IN THAT ANY LIST, HOWEVER COMPREHENSIVE, COULD CONCEIVABLY HAVE A FEW OMISSIONS. BUT THE FORMULA AS PROPOSED WOULD NOT (NOT) COVER ALL THE PERSONS AFFECTED AND WOULD INCLUDE PERSONS WHO SHOULD NOT (NOT) BE INCLUDED. THE FACT IS OUR DEFINITION OF HONG KONG BELONGERS IN SECTION 2 AND THE FIRST SCHEDULE TO THE IMMIGRATION ORDINANCE IS INCOMPLETE AND THERE CAN BE HK BDTCS WHO ARE NOT HKBS (AS POINTED OUT IN PARA. 3 OF EMERY'S MINUTE). CONVER- SELY, THERE ARE HKBS WHO ARE NOT (NOT) HKBDTCS. THE LATTER SITUATION IS DUE TO THE FACT THAT BY VIRTUE OF PARA. 1 OF THE FIRST SCHEDULE HKBS WHO WERE SUCH BEFORE 1 JANUARY 1983 WOULD CONTINUE TO BE SO EVEN IF THEY CEASED TO BE COMMONWEALTH CITIZENS BY, FOR EXAMPLE
RENUNCIATION OF BRITISH NATIONALITY. WE HAVE ATTEMPTED TO RECTIFY THIS ANOMALY BY PROPOSING AMENDMENTS TO THE FIRST SCHEDULE BUT IN VIEW OF THE SENSITIVITY OF ISSUES RELATING TO NATIONALITY AND CITIZENSHIP EXCO ADVISED THAT THE PROPOSED AMENDMENTS SHOULD NOT BE PROCEEDED WITH. DEFINING A CONNECTION WITH HONG KONG IN TERMS OF THE STATUS OF HKB UNDER HONG KONG IMMIGRATION LAWS WOULD NOT (NOT) THEREFORE FIT THE BILL.
2. OUR DETAILED COMMENTS ON EMERY'S MINUTE FOLLOW IN MIFT.
HADDON-CAVE
LIMITED.
HKD
FED.
NTD
MR. WILSON
CONFIDENTIAL
COPIES TO
Mrz
MAZ BURROWS)
Hill
LEGAL
JADU'S.