CONFIDENTIAL
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PP HONG KONG
GRS 1132
CONFIDENTIAL
FM FCO 031100Z JULY 85
TO PRIORITY HONG KONG
TELEGRAM NUMBER 949 OF 4 JULY
INFO PRIORITY PEKING
MIPT: NATIONALITY ORDER IN COUNCIL
нки отолж
RECEIVED IN REGISTRÝ
- 5 JUL 1985
DESK OFFICEA
INDEX
P.A
PA
1. THE FOLLOWING EXPLANATION OF CHANGES IN THE DRAFT ORDER MAY
BE HELPFUL.
2. ADOPTION (PARA 2(C) OF YOUR TELNO 681): ALTHOUGH ADOPTION IS
QUALIFIED IN THE IMMIGRATION ORDINANCE WE SHOULD PREFER TO REGARD AN ADOPTION ORDER, MADE BY A HONG KONG COURT, AS ESTABLISHING IN ITSELF A CLOSE CONNECTION WITH HONG KONG. IT SEEMS TO US
UNLIKELY THAT A COURT WOULD MAKE AN ADOPTION ORDER IN ANY CASE
WHERE THE PARENTS DID NOT HAVE A SUBSTANTIAL HONG KONG
CONNECTION. CONVERSELY IT SEEMS UNLIKELY THAT A COURT IN ANOTHER
DEPENDENT TERRITORY WOULD MAKE AN ADOPTION ORDER IN THAT
TERRITORY BASED ON A HONG KONG CONNECTION UNLESS THE PARENTS IN
QUESTION HAD BY THEN ESTABLISHED THEIR OWN CLOSE LINKS WITH THAT
TERRITORY. YOU MIGHT WISH TO CONSIDER THIS IN YOUR REVIEW OF THE
IMMIGRATION ORDINANCE.
3.
REGISTRATION IN HONG KONG (PARA 2 (D) OF YOUR TELNO 681): THE
DRAFT ORDER IS CONSISTENT WITH THE CURRENT IMMIGRATION ORDINANCE
WE SHOULD PREFER TO SPLIT REGISTRATION IN AND OUTSIDE HONG KONG.
IT SEEMS TO US THAT REGISTRATION IN HONG KONG IS A SUFFICIENT
CONNECTION IN ITSELF. OTHERWISE IT WOULD BE NECESSARY TO EXAMINE
THE BASIS ON WHICH REGISTRATION IN HONG KONG TOOK PLACE. THE
FACT THAT A WOMAN MAY, FOR EXAMPLE, HAVE BEEN REGISTERED IN HONG
KONG ON THE BASIS OF HER MARRIAGE TO A GIBRALTARIAN DOES NOT IN
OUR VIEW NECESSARILY DEMONSTRATE A CLOSER CONNECTION WITH
GIBRALATAR. THE WOMAN MAY, FOR INSTANCE, BE CHINESE BORN AND
HAVE LIVED IN HONG KONG FOR MANY YEARS. WE DO NOT SEE AN EASY
WAY OF DISTINGUISHING BETWEEN CASES OF THAT NATURE IN WHICH IT IS
QUITE CLEAR THAT THE WOMAN WOULD HAVE TO BE REGARDED AS A HONG
KONG BDTC, AND THOSE WHERE IT WAS SIMPLY CONVENIENT FOR
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