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ensure that all BDTCs have the right of abode in the dependent
territory from a
connection with which they derive their BDTC
status, if they were deprived of this right before 1 July
1997.
4.
It
If 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.
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 a
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 or to lose the
he the right of abode elsewhere,
ог 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
we shall expend much effort
seeking to prove that they are
that they are not eligible because they have right
of abode elsewhere.
5.
A
attached draft telegram to
on an EXCO memorandum which first drew
All of the above is
is set out in
Hon Kong, by way of comment
the problem to our attention.
before it issued.
I thought you should see the telegram
другой
9 July 1985
A C Galsworthy
Hong Kong Department
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