HKK 040/4
RECE
TRY
24 JUL 1985
DEVKI
INDEN
TO IMMEDIATE F C O
INFO IMMEDIATE PEKING
GR 2200
CONFIDENTIAL
DESKEY 2503000
FM HONG KONG 2405437 JUL 35
TELEGRAM NUMBER 1512 OF 24 JULY
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TOP COPY
YOUR TELSNOS 947-951, 973, 1058 AND 1059, OUR TELNO 1380 AND
EKING TELNO 1053 : NATIONALITY ORDER IN COUNCIL.
ME-TABLE FOR STEERING THE ORDER THROUGH PARLIAMENT (PARA. 3 OF RST TUR). IN YOUR TELNO 31 YOU INVISAGED THE ORDER TO BE TAKEN ON THE FLOOR OF THE HOUSE. BUT AS ORDER IN COUNCIL PROCEDURES, EVEN
THE CASE WHERE THE HOUSE DIVIDES, ARE CONSIDERABLY SHORTER THAN THOSE FOR BILLS, WE ARE SURPRISED THAT THE ORDER HAS TO BE PUT DOWN FOR A FIRST DEBATE IN LATE OCTOBER FOR IT TO BE IN PLACE BY
APRIL 1986. WE SHOULD BE GRATEFUL FOR MORE DETAILS ON THE ENVISAGED TIME-TABLE, ESPECIALLY THE EXPECTED DATE OF PUBLICATION OF THE DRAFT ORDER, SO THAT WE CAN WORK OUT THE TIME AVAILABLE FOR PUBLIC BRIEFING AND CONSULTATION IN HONG KONG.
2. DRAFT ORDER IN COUNCIL (YOUR SECOND TUR). MY FIRST IFT CONTAINS A REVISED DRAFT ORDER UP TO AND INCLUDING ARTICLE 3, ARTICLE 4(2) AND A NEW ARTICLE 6A (TO MEET THE POINTS IN SUB-PARA. (N) BELOW). OUR COMMENTS ON YOUR DRAFT ORDER AS FOLLOWS:
(A) ARTICLE 1(2) AND (3).
ORDER FOLLOWS THAT OF THE
OF THE 1981 ACT.
WE ASSUME THAT THE EXTENT OF THE
1981 ACT AS PROVIDED FOR UNDER SECTION 53
(B) ARTICLE 2(1)(A)(1).
WE ARE CONTENT WITH THIS PROVISION BUT WISH TO POINT OUT THAT, ALTHOUGH THE EXCEPTION TO LOSS CLAUSE IN ARTICLE 2(3) SOLVES MOST OF THE PROBLEMS, A CHILD BORN PURELY FORTUITOUSLY IN HONG KONG DEFORE 1 JANUARY 1983 WHO HAS A PARENT
OR A GRANDPARENT (OTHER THAN A FATHER) BORN, NATURALISED OR
REGISTERED IN ANOTHER DEPENDENT TERRITORY WOULD NOT BE SAVED BY
ARTICLE 2(3).
(C) ARTICLE 2(1)(A)( 11). WE DO NOT (NOT) AGREE THAT AN ADOPTION ORDER MADE BY A HONG KONG COURT ESTABLISHES IN ITSELF A SUFFICIENT
CONNECTION WITH HONG KONG. IT DOES NOT APPEAR THAT AN ADOPTION ORDER MADE BY A UK COURT ESTABLISHES IN ITSELF A SUFFICIENT CONNECTION WITH THE UNITED KINGDOM TO CAUSE A CHILD TO ACQUIRE BRITISH CITIZENSHIP UNDER SECTION 1(5) OF THE 1981 ACT. IN ACCORDANCE WITH THIS PROVISION, A CHILD ACQUIRES BRITISH CITIZENSHIP BY ADOPTION ONLY IF ONE ADOPTIVE PARENT IS A BC. THE DETERMINING
FACTOR IS THE CITIZENSHIP OF THE ADOPTIVE PARENTS. UNDER THE HONG KONG ADOPTION ORDINANCE, THERE IS NO REQUIREMENT FOR THE ADOPTERS TO DE ORDINARILY OR HABITUALLY RESIDENT IN HONG KONG. BOTH THE
QUALIFICATION OF ADOPTION IN PARA. 5 OF THE FIRST SCHEDULE TO THE IMMIGRATION ORDINANCE AND PARA. 2(0) OF OUR TELNC 681 WERE DRAFTED
WITH THE RELEVANT PROVISIONS OF THE 1981 ACT, (1.E. SECTIONS 1(5)
CONFIDENTIAL
/AND
1286