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ensure that all BDTCs have the right of abode in the dependent
connection with which they derive their BDTC
were deprived of this right before 1 July
territory from a
status, if they
1997.
4.
If this
this is accepted
a
complication arises: Ministers have said
(eg Lady Young in the Lords debate on the Hong Kong Bill) that there
will be a reference to a holder's right of abode in Hong Kong (or the Hong Kong SAR) in BN(O) passports. This cannot logically be so,
insofar as the Hong Kong SAR is concerned, in the case of BN (O) s without a right of abode in the SAR. If questioned in Parliament,
we believe Ministers should say that naturally they were only
referring, in the case of the SAR, to those who would have a right
of abode there.
It would be absurd to suggest that such an
endorsement could be given to people who do not have a right of
abode in the SAR. As for how to endorse the passport of such
person, we and the Home Office believe that it could be stated that
the holder has the right of abode in Hong Kong up to 1 July 1997.
If the holder were subsequently to fulfil the seven years' residence
qualification ог to lose the right of abode elsewhere, he or she
could have a new endorsement entered which would state without
qualification his or her right of abode in Hong Kong and in the Hong
Kong SAR. In practice I am not sure how much of a problem this
will be: in the case of BN(O) s who apply for Hong Kong identity cards and/or passports, I doubt whether we shall expend much effort
seeking to prove that they are not eligible because they have right
of abode elsewhere.
A
5.
All of the above is set out in the attached draft telegram to
Hon Kong, by way of comment on an EXCO memorandum which first drew
the problem to our
before it issued.
attention.
Jeh_ser for despeton. Twister should be connulled || before final decisions are
آهاری
made.
9 July 1985
I thought you should see the telegram
Гражий
AC Galsworthy
Hong Kong Department
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