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DENTIAL
connection in itself. Otherwise, it would be necessary in almost every case to examine the basis on which registration in Hong Kong took place (especially
in respect of registrations under 6(2) and 7 of the 1948 Act). 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 Gibraltar. The woman may, for instance, be Chinese born
and have lived in Hong Kong for many years. We do not see any 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 registration to take place in Hong Kong (for example while
the couple were there temporarily). We appreciate that this may bear hardly on
some individuals, but it seems to us the nature of the Agreement makes this
inevitable.
4.
Para 2(E)
We have omitted the words "wholly or mainly" as proposed by Hong Kong.
But we have inserted the words "wholly or partly" in the opening words of
Article 2(1)(b)(ii) for the reasons given in paragraph 7 of the commentary.
5.
Para 2(J)
We have suggested omitting the word "otherwise". The parent might him-
self fall within Article 2(1)(e).
6.
Para 2(L): Article 3
The words "wholly or partly" have been included in order 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 havethought it preferable 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 Order. By this means persons who can demonstrate a "separate" connection
with another Dependent Territory will automatically be excepted from loss of
BDTC.
7.
Telno para 2 (M)
We note Hong Kong's view that "separate" BDTCs should not be able to
apply for BN(0). We are inclined to the view that they should, if they wish,
but the words in square brackets in Article 4(2) can be kept if it is decided
that they should not.
8.
Para 3. See Mr Pakenham-Walsh's note of 14 June attached.
CORÉENTIAL