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CONFIDENTIAL
CONFIDENTIAL
RECEIV
FM PEKING 030820Z JUL 85
TO IMMEDIATE FCO
HKK
1040/4 TOF COPY
TELEGRAM NUMBER 1021 OF 3 JULY.
INFO IMMEDIATE HONG KONG
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Action liken
IPA
HONG KONG TELNO 1328: HONG KONG AGREEMENT: RIGHT OF ABODE
1. WE SEE NO REASON WHY WE SHOULD NOT SUGGEST TO THE CHINESE DISCUSSIONS WITH THE AIMS SET OUT IN PARAGRAPH 1 OF TUR (BUT SEE PARAGRAPH 4 BELOW).
2.
IT MAY BE THAT THE CHINESE WILL BE PREPARED TO AGREE THAT CHILDREN BORN OUTSIDE HONG KONG WOULD HAVE THE RIGHT OF ABODE IN HONG KONG ONLY IF BOTH PARENTS HELD THAT RIGHT AT THE TIME OF THE CHILD'S BIRTH (PARAGRAPH 3 OF TUR REFERS). IF SO, ALL WELL AND GOOD. HOWEVER, IF THE CHINESE OPPOSED THIS NOTION, OUR VIEW REMAINS THAT WE SHOULD BE ON VERY WEAK GROUND SHOULD WE SEEK TO PRESS OUR ARGUMENTS (PEKING TELNO 968 AND YOUR TELNO 878 REFER).
3.
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WE HAVE DOUBTS ABOUT REFERRING IN THE PRESENTATION OF OUR CASE TO PARAGRAPH 4 OF SECTION XIV OF ANNEX I (PARAGRAPH 2 OF TUR). ACCORDING TO OUR UNDERSTANDING, PRESENT PRACTICE DOES NOT ACCORD WITH THE AGREED ARRANGEMENTS IN ANNEX IN GENERAL, THE IMMIGRATION IRDINANCE REQUIRES AMENDMENT TO REFELECT THE TERMS OF THE AGREEMENT (EG INCLUSION AND DEFINITION OF RIGHT OF ABODE): MORE SPECIFICALLY, A CHILD BORN OUTSIDE HONG KONG OF CHINESE RESIDENTS (EXCEPT IF BORN IN THE PRC) DOES NOT CURRENTLY ENJOY THE RIGHT TO LAND IN HONG KONG (PARAGRAPH 5 OF PEKING 1984 TELNO 2225 REFERS).
+ 1
4. PARAGRAPH 4 OF TUR. WE THINK IT WOUDL BE ADVANTAGEOUS FOR THE DISCUSSION ENVISAGED IN PARAGRAPH 1 OF TUR TO TAKE PLACE WITHIN THE CONTEXT OF THE APPROACH TO BE MADE TO THE CHINESE OVER THE PACKAGE OF PROPOSALS ON ALL ISSUES RELATING TO INCLUSION OF A RIGHT OF ABODE ENDORSEMENT IN THE BN (0) PASSPORTS (PARAGRAPH 5 OF YOUR TELNO 378 AND PARAGRAPH 1 OF HONG KONG TELNO 1167). THOMSON
HONG KONG AGREEMENT
LIMITED
HD/HKD
HD/FED
HD/PLANNING STAFF
HD/PUSD
DEP HD/PUSD
RESEARCH DEPT (MR WALKER)
PS
PS/MR LUCE
PS/PUS
SIR W HARD ING
MR WILSON
SIR J FREELAND
MR J CROWLEY, PUSD.
COPIES TO: (VIA ADR)
MR ROBERTS, NEWS DEPT
MR FIFOOT, LEGAL ADVISERS
MR MARTIN, ASST STAFF CABINET
MR MALLABY
OFFICE CABINET OFFICE MR DR C CHRISTOPHER CABINET OFF.
SIR P CRADDOCK, No. 10 DOWNING ST.
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