CODE 18-77
AWO Ltd. 7/84
Mr Powel
Powey,
HKD
m342
Reference...
ник ото/н
1
1985
304
HONG KONG:
'MIXED' AND
'SEPARATE'
BDTCS
d
1. You sent me a copy of Jerry Emery's letter to you of 2 July and asked for any comments.
2.
While I agree with para 3 of the letter that no-one born before 1.1.83 depended on a connection with more than one territory for his claim to CUKC-ship and that birth in Hong Kong was in itself sufficient to establish such a claim, it is nevertheless true that a person born in Hong Kong before 1.1.83 of a father born in another dependent territory did not have to depend on his birth in Hong Kong to be a CUKC. My opinion remains that such a person should not cease to be a BDTC on 1.7.97, just as in the past persons having connections by birth and descent with two different territories did not cease to be CUKCS under the independence arrangements relating to one of those territories. By the same token, I would favour excepting from loss of BDTC status those persons covered by category (iv) of table A enclosed with the Home Office letter. Such persons would be BDTCS (by descent) irrespective of their birth in Hong Kong.
3. However, I accept that this is a policy matter involving the interpretation of HMG's obligations under the agreement with China regarding the future status of persons who are BDTCS by virtue of a connection with Hong Kong'.
4. I have no other comments on the categories included in the tables.
15 July 1985
cc: Mr Hill, Legal Advisers
Mr Grainger, Legal Advisers
Break
Y JE Veale (Miss)
Nationality & Treaty Department