CONFIDENTIAL
KE..
HKK 04014
2 € VR 1935
187
Да
pa us
FROM:
AC Galsworthy,
HKD
Mr Bur
Burrows, Legal Advisers
DATE:
22 March 1985
Cc:
Mr Grainger, Legal Adv
HONG KONG (BRITISH NATIONALITY) ORDER 1985
See
192
(az)
36
Thank you for your minute of 21 March.
considering the idea I put forward.
1.
I am grateful to you for
2. I am certainly not in favour of tackling this question unless it
proves to be a real problem. But if it should, I do think that the
matter is open to some argument.
3. The case we are speaking of has been illustrated by the example
in
a BDTC by
also be a
stands he could not
be a BDTC
1997 because Hong Kong is not
of the Gibraltarian parents whose child is born in Hong Kong. I f that child were born a foriegn country he would also be
descent. If he were born in the SAR after 1997 he would
BDTC by descent. However as the law
by descent if born in Hong Kong before
a foreign country. The present order will me an that such a child
would lose his right to claim BDTC status by birth. What I would
propose (if this became an
issue) is that the same order should give
him the right to claim the status by descent (ie by connection with Gibraltar, not Hong Kong).
4.
concerned
would
I do not think that this amounts to "changing the criteria to be
applied in order to determine whether a person connected with Hong
Kong was a BDTC". The person
still be entitled to
BDTC status by birth in Hong Kong until 1997: but we should be
changing him from a "mixed" to
a "separate" BDTC. I should have
thought that this S more a question of changing (in relation to persons born in Hong Kong) the criteria to be
be applied in order to
determine whether a person
connected with another dependent
CONFIDENTIAL