CONFIDENTIAL
29904
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REGISTRATION TO TAKE PLACE IN HONG KONG (EG WHILE A COUPLE WERE
THERE TEMPORARILY).
4. PARA 2(E) OF YOUR TELNO 681: WE HAVE OMITTED THE WORDS
'WHOLLY OR MAINLY' BUT HAVE INSERTED THE WORDS 'WHOLLY OR PARTLY'
IN THE OPENING WORDS OF ARTICLE 2(1)(B)(II) TO MAKE IT CLEAR THA
THE FOLLOWING SUB-PARAGRAPHS DO NOT NECESSARILY REFLECT THE
ENTIRE BASIS ON WHICH AN APPLICATION FOR REGISTRATION IS BASED.
5. PARA 2(J) OF YOUR TELNO 681: WE HAVE ACCEPTED YOUR AMENDMENT
BUT OMITTED THE WORD 'OTHERWISE'. THE PARENT MIGHT HIMSELF FALL
WITHIN ARTICLE 2(1)(E).
6. MIXED/SEPARATES (ARTICLE 2(3)): YOU WILL SEE THAT WE HAVE
ADOPTED AN EXCEPTION FROM LOSS CLAUSE (PARA 1(A) OF YOUR TELNO
681). AT THE MOMENT THIS ONLY COVERS THE CASE OF THE 'GIBRALTAR
TYPE COUPLE'. (A PERSON BORN IN HONG KONG WHILST HIS BDTC: OTHE
DEPENDENT TERRITORY PARENTS WERE THERE TEMPORARILY. WE HAVE
CONFINED THIS EXCEPTION TO PERSONS BORN ON OR AFTER 1 JANUARY
1983 BECAUSE PRIOR TO THAT DATE BIRTH ALONE IN HONG KONG WAS
SUFFICIENT TO CONFER CUKC STATUS, IRRESPECTIVE OF NATIONALITY OR
IMMIGRATION STATUS OF THE PARENTS. IT WOULD BE ALMOST IMPOSSIBL
TO ESTABLISH THE PARENTS' IMMIGRATION STATUS AT THE TIME OF BIRT
PRIOR TO 1 JANUARY 1983). WE SHALL NEED TO CONSIDER WHETHER
THERE ARE ANY OTHER CATEGORIES OF 'MIXEDS' WHO SHOULD ALSO BE
COVERED AND WILL BE SENDING YOU SEPARATELY A LIST OF POSSIBLE
'MIXEDS'. WE CANNOT EXPAND THE LIST TOO FAR OR WE WILL FACE
COMPLAINTS FROM THE CHINESE THAT WE ARE FAILING TO FULFIL OUR
SIDE OF THE EXCHANGE OF MEMORANDA.
7. ARTICLE 3 (PARA 2(L) OF YOUR TELNO 681): WE HAVE INCLUDED THE
WORDS 'WHOLLY OR PARTLY' TO ENSURE THAT MIXED BDTCS (OTHER THAN
THOSE SPECIFICALLY EXCEPTED) ARE COVERED. WE DO NOT CONSIDER IT
NECESSARY TO DEFINE A CONNECTION WITH ANOTHER DEPENDENT
TERRITORY. WE PREFER TO PUT THIS THE OTHER WAY ROUND, AND RELATE
THE ARTICLE TO THOSE PEOPLE WHO HAVE A CONNECTION WITH HONG KONG
AS ALREADY DEFINED IN THE DRDER. BY THIS MEANS, PERSONS WHO CAN
DEMONSTRATE A SEPARATE' CONNECTION WITH ANOTHER DEPENDENT
TERRITORY WILL AUTOMATICALLY BE EXCEPTED FROM LOSS OF BDTC
STATUS.
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CONFIDENTIAL