OUT TELEGRAM (CONT)
Classification and Caveats
CONFIDENTIAL
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are nevertheless committed to ensuring that all persons who on 30
June 1997 are by virtue of a connection with Hong Kong BDTCs will to be such, but will be eligible to retain BN (0) status. We
cannot see the Chinese agreeing to any exceptions to this where
the person concerned is Chinese and the connection clearly is
with Hong Kong. It follows that there could be some BN (0)s who do not have a right of abode in the Hong Kong SAR after 1 July 1997. Ministers have said that there will be a reference to a
holder's right of abode in Hong Kong (or the Hong Kong SAR) in 11 BN(0) passports, but it seems to us that there may be some BN (0) s
who cannot have a right of abode in the Hong Kong SAR stated in
their passport. Since any BN (0) s not having right of abode in
the Hong Kong SAR would certainly have it somewhere else (since if they did not, they would by the terms of the agreement qualify for it in the Hong Kong SAR), this would probably not seriously
matter to any such person in practice.
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3. Turning to the question of whether and when your Immigration
Ordinance should be amended to withdraw the right of abode from
this category of BDTC/prospective BN (0)s, the Home Office are strongly of the view that any move to deprive them of their right
of abode in Hong Kong prior to 1 July 1997 would run counter to
the aim and purpose of the BNA 1981, which was intended to ensure
that all BDTCs had the right of abode in the dependent territory
from a connection with which they derived their BDTC status. Any
such move would in all probability therefore be unacceptable to
Parliament. We believe that such people should thus only be
deprived of their right of abode in Hong Kong when it becomes an
SAR on 1 July 1997, when BDTC status by virtue of a connection
with Hong Kong will cease to exist.
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Insofar as this affects endorsements in BN (0) passports, we
consider that those who do not qualify, at the time of
application for a BN (0) passport, for right of abode in the Hong
Kong SAR (as opposed to in Hong Kong) should have an endorsement
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I.P. Ltd Dmd 8200051 56-00 8/80
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