CONFIDENTIAL
31279
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THE HONG KONG SAR WOULD CERTAINLY HAVE IT SOMEWHERE ELSE (SINCE
IF THEY DID NOT, THEY WOULD BY THE TERMS OF THE AGREEMENT QUALIFY
FOR IT IN THE HONG KONG SAR), THIS WOULD PROBABLY NOT SERIOUSLY
MATTER TO ANY SUCH PERSON IN PRACTICE.
3. TURNING TO THE QUESTION OF WHETHER AND WHEN YOUR IMMIGRATION
ORDINANCE SHOULD BE AMENDED TO WITHDRAW THE RIGHT OF ABODE FROM
THIS CATEGORY OF BDTC/PROSPECTIVE BN(0)S, THE HOME OFFICE ARE
STRONGLY OF THE VIEW THAT ANY MOVE TO DEPRIVE THEM OF THEIR RIGHT
OF ABODE IN HONG KONG PRIOR TO 1 JULY 1997 WOULD RUN COUNTER TO
THE AIM AND PURPOSE OF THE BNA 1981, WHICH WAS INTENDED TO ENSURE
THAT ALL BDTCS HAD THE RIGHT OF ABODE IN THE DEPENDENT TERRITORY
FROM A CONNECTION WITH WHICH THEY DERIVED THEIR BDTC STATUS.
SUCH MOVE WOULD IN ALL PROBABILITY THEREFORE BE UNACCEPTABLE TO
PARLIAMENT. WE BELIEVE THAT SUCH PEOPLE SHOULD THUS ONLY BE
DEPRIVED OF THEIR RIGHT OF ABODE IN HONG KONG WHEN IT BECOMES AN
SAR ON 1 JULY 1997, WHEN BDTC STATUS BY VIRTUE OF A CONNECTION
WITH HONG KONG WILL CEASE TO EXIST.
ANY
4. INSOFAR AS THIS AFFECTS ENDORSEMENTS IN BN(0) PASSPORTS, WE
CONSIDER THAT THOSE WHO DO NOT QUALIFY, AT THE TIME OF
APPLICATION FOR A BN(0) PASSPORT, FOR RIGHT OF ABODE IN THE HONG
KONG SAR (AS OPPOSED TO IN HONG KONG) SHOULD HAVE AN ENDORSEMENT
ENTERED WHICH WOULD STATE THAT THEY HAD THE RIGHT OF ABODE IN
HONG KONG UP TO 1 JULY 1997. IF, SUBSEQUENT TO SUCH AN
ENDORSEMENT BEING ENTERED THE HOLDER WERE TO FULFIL ONE OF THE
REQUIREMENTS FOR RIGHT OF ABODE IN THE HONG KONG SAR (IE SEVEN
YEARS' CONTINUOUS RESIDENCE IN HONG KONG OR LOSS OF RIGHT OF
ABODE, HOWEVER THAT IS EXPRESSED BY THE COUNTRY CONCERNED, IN
COUNTRIES OTHER THAN HONG KONG) A NEW ENDORSEMENT COULD BE
ENTERED STATING WITHOUT QUALIFICATION THE HOLDER'S RIGHT OF ABODE
IN HONG KONG AND IN THE HONG KONG SAR.
HOWE
HONG KONG AGREEMENT: NATIONALITY.
LIMITED
COPIES TO:
MR ROBERTS, NEWS DEPT.
HD/HKD
HD/FED
HD/NTD
MR GRAINGER, LEGAL ADVISERS
RESEARCH DEPT.(MR WALKER)
MR HYDE, HOME OFFICE
PS
PS/MR LUCE
PS/LADY YOUNG
PS/PUS
SIR W HARDING
MR WILSON
MR NICHOLSON, PASSPORT DEPT, HOM
OFFICE.
MR EMERY, B4 DIV, HOME OFFICE,
CROYDON.
Mr Miller, MVD
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CONFIDENTIAL