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CONFIDENTIAL
FM HONG KONG 051055Z MAR 85
TO IMMEDIATE F C O
TELEGRAM NUMBER 461 OF 5 MARCH
INFO IMMEDIATE PEKING
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YOUR TELSNOS 252 AND 316 : TRANSMISSIBILITY OF BOC STATUS.
WE HAVE NOTED THE ASSESSMENT IN PARAS 2 AND 3 OF YOUR FIRST TUR.
WE ARE NOT SURPRISED THAT YOU SEE NO CHANCE OF MINISTERS BEING
WILLING TO GIVE A GENERAL RIGHT OF ABODE IN THE UK TO NON-CHINESE
BDTC'S. WE ALSO UNDERSTAND AND ACCEPT THAT THERE CANNOT BE
INDEFINITE TRANSMISSIBILITY OF BOC STATUS TO CHILDREN OF BOC'S
IN HONG KONG WHO WOULD OTHERWISE BE STATELESS. BUT WE DO NOT
SEE THE DIFFICULTY IN DRAWING A DIVIDING LINE AFTER THE SECOND GENERATION SINCE, IN OUR READING, SUCH A LINE ALREADY EXISTS IN THE BNA 1981.
2. UNDER SECTION 17(2) OF THE BNA, A SECOND GENERATION DESCENDANT BORN OUTSIDE THE DEPENDENT TERRITORIES TO A BDTC OTHERWISE THAN BY DESCENT IS (NEXT WORD UNDERLINED) ENTITLED TO BE REGISTERED AS A BDTC IF THAT DESCENDANT IS BORN STATELESS. THERE IS SIMILAR PROVISION IN SECTION 3(2) IN RESPECT OF THE DESCENDANTS OF BRITISH CITIZENS.
IT WOULD APPEAR THAT, IN SEEKING THE GRANT OF BRITISH NATIONALITY TO THE SECOND GENERATION BORN IN HONG KONG AFTER 1997 TO NON-CHINESE FORMER BDTC'S, EXCO ARE IN FACT SEEKING NO MORE THAN TO PRESERVE THE
PRACTICAL EFFECT OF SECTION 17(2).
3. FOR THE THIRD AND SUBSEQUENT GENERATIONS, WE AGREE THAT THE
APPROACH SUGGESTED IN PARA 6 OF YOUR FIRST TUR WOULD BE ENTIRELY REASONABLE, AND DEFENSIBLE BOTH IN EXCO AND IN PARLIAMENT.
CONFIDENTIAL
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