CODE 18-77
CONFIDENTIAL
200
Mr Galsworthy, HKD
YOUR MEETING WITH MR GRAINGER, 26 APRIL
(References attached)
MIXED AND SEPARATE BDTCs
•
Reference
fa
M.
HKK 048/4
НКК
1 Political requirement that we do not treat mixed BDTCs in manifestly unfair way. Order will attract considerable opposition in Hong Kong and in Parliament if we exclude all mixed, including extreme cases such as Gibraltar couple.
2.
Question is how we deal with Mixed, and how we define those we wish to exclude. Hong Kong have proposed a method of excluding. You advise this is counter to UK Memorandum. I have proposed amendment of BNA to exclude extreme cases. Mr Burrows advised this ultra vives. Grateful for explanation of exactly why it is ultra vives.
3.
(a)
(b) (c)
Options include:
exclusion of clause allowing Home Secretary discretion; definition of those Mixeds we wish to exclude by Order; amending BNA to change definition of BDTC by virtue of
connection with Hong Kong.
a
If we approach Chinese and they agree to one of these three courses would that be acceptable from a legal point of view? can we define those Mixeds to be excluded?
HONG KONG'S DETAILED POINTS ON ORDER
4.
How
Agree in general with your comments. Home Office in process of writing to us with reactions to your earlier comments and Hong Kong's latest comments. On basis of this we can call a meeting. Home Office likely to want to do drafting of Order themselves.
29 April 1985
CC:
Mrs Priest, HKD
Jonathe F-11.
J N Powell
Hong Kong Department
CONFIDENTIAL
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CONFIDENTIAL
NFIDE
HKX04014
Mr Galsworthy, HKD
Pab