CODE 18-77

Mr Powe Mw. Geferty

1

CONFIDENTIAL

Reference.

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HKK 0404

RECEIVED IN REGISTRY

INDEX

12 FEB 1985

FICER

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NATIONALITY: CHILDREN OF BOCS

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1. I have discussed with Mr Emery the position of the children of BOCS and what happens to them if their parents do not acquire the nationality of their country or residance.

2.

(a)

(b)

(c)

(d)

x

(e)

Mr Emery made the following point:-

There are approximately 20 million BOCs in various parts of the world. About 60% of them are believed also to hold the nationality of their country of residence. The number of children of BOCS who have been born stateless is not known;

to

it is not always a question of the BOC refusing take up the nationality. Some are unable to, and in many cases their children are precluded from acquiring this at birth if neither of their parents is a national of the state;

if children of BOCs are born stateless, and do not qualify for British nationality under Section 4 of Schedule 2 of the BNA, the only other avenue is through Section 27Ministers have made it clear in the House that this will only be used rarely and in cases of hardship;

136)

there has just been one such case, in which the parents were BOCS resident in the United Arab Emirates. The child did not acquire UAE nationality at birth and therefore had no passport in which his residence permit could be entered. The whole family was threatened with

deportation. This would have meant that HMG would have

had to take them. Giving the child BOC status was clearly the easier option;

in cases where no such considerations pertain, the,' Home Office would argue that as the BOCs and their children would normally have resident status in

the country, and not in the UK, the most appropriate course would be for them to become nationals of that country.

3. The above points provide a very useful picture of the attitude that the Home Office would be likely to take with regard to second and subsequent generations born in Hong Kong after 1997. may also be helpful for defensive briefing until Ministers have considered the matter and we have approached the Chinese (if that is what they decide to do).

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11 February 1985

RJ F Hoare

Hong Kong Department

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