RF Hoare Esq
Foreign and Commonwealth Office
CONFIDENTIAL
4 January 1985
с
Turning to the question of the definition of persons affected, you may recall that we suggested some time ago that it might be convenient to link it with the right of abode in Hong Kong. This proposal did not find favour with you, for the reasons set out in Tony Galsworthy's letter of 2 November, particularly that someone might avoid losing British Dependent Territories citizenship on 1 July 1997 by securing a right of abode in another dependent territory by means unconnected with nationality status.
We therefore sought to identify all the various categories of persons who could be regarded as BDTCs by virtue of a connection with Hong Kong, and in order to do this we had to trace all the routes by which a person could have acquired that status. We arrived at a total of 32, described in the list previously copied to you. Clearly it will be cumbersome to set out all these categories in detail in the Order in Council. However, our Legal Adviser has suggested that paragraph 2(1)(a) of the draft Bill is framed in such a way that a variation of our original idea might overcome your objection. As far as we can tell, every person in each of the 32 categories listed is a "Hong Kong Belonger" as described in Schedule 1 to the Immigration Ordinance of Hong Kong. Conversely, every person who is a "Hong Kong Belonger" is included in one of those categories. Our Legal Adviser has therefore suggested the following formula for defining in the Order in Council the persons affected:
" (1) In this Order references to a connection with Hong Kong are references to circumstances which give rise to the status of a Hong Kong Belonger for the purposes of the immigration laws of Hong Kong in force at the time of the making of this Order.
(2) The relevant provisions of the laws of Hong Kong referred to in
paragraph (1) above are contained in the definition of "Hong Kong Belonger" and associated definitions in section 2 and Schedule 1 to the Immigration Ordinance of Hong Kong, the texts of which are for convenience set out in the Schedule to this Order.
11
As far as we can see this formula is watertight, but even if it is not, it would still be easier to make additions or exceptions to it rather than to spell out all the categories affected. It would also prevent a person from avoiding the loss of BDTC status by, for example, purchasing Cayman Islands residence status, since such a person would not by means of such an action become a BDTC by virtue of a connection with the Cayman Islands.
Apart from the obvious advantage of brevity and clarity, adopting this formula would have the further advantage that the Order would make it plain for all to see that the people affected by it are regarded as belonging to Hong Kong and not to the United Kingdom for immigration purposes. We would be grateful for your views.
The other point raised in your letter of 12 December, concerning issue of new-style passports, is being considered by the Passport Office, who will reply separately.
'Joums,
Смот
J P EMERY
- 2 -
CONFIDENTIAL