Gr8500 CONFIDENTIAL
CONFIDENTIAL
FM HONG KONG 020842Z JUL 35
TO IMMEDIATE FCO
TELEGRAM NUMBER 1328 OF 2 JULY
INFO IMMEDIATE PEKING
229
(230)
HkKO40/4. for
PEKING TELNO 958 AND YOUR TELNO 878: HONG KONG AGREEMENT:
RIGHT OF ABODE.
1. WITH REGARD TO THE FIRST ISSUE RAISED IN PARA 1(A) OF OUR
TELNO 1222, OUR VIEW REMAINS THAT WE SHOULD AIM AT SOME STAGE TO HAVE DISCUSSIONS WITH THE PRCG REGARDING THE PROVISION, FOR
CHILDREN BORN OUTSIDE HONG KONG OF CHINESE PARENTS BORN OR
SETTLED IN HONG KONG, TO HAVE THE RIGHT OF ABODE IN THE HONG KONG
SAR. THE OBJECT WOULD BE
(A) TO SECURE THEIR CONFIRMATION THAT OUR INTERPRETATION OF THE
PROVISION, AS SET OUT IN PARA 9 OF DRAFT EXCO MEMORANDUM IN
OUR TELNO 1100, IS CORRECT: AND
1209
(B) TO ADVISE THEM OF THE IMPLICATIONS IN TERMS OF THE IMMIGRATION
COMMITMENT FOR THE HONG KONG SAR EVEN IF THE INTERPRETATION
AT (A) IS CORRECT.
Reply
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2. WE CONSIDER IT UNLIKELY THAT THE PRCG INTENDED TO GIVE CHILDREN,
BORN ON THE CHINESE MAINLAND TO PARENTS ONLY ONE OF WHOM HAD THE
RIGHT OF ABODE IN HONG KONG, THE RIGHT OF ABODE IN THE HONG KONG
SAR. TO DO SO WOULD BE CONTRARY TO PARA 4 OF SECTION XIV OF ANNEX I
WHICH PROVIDES THAT ENTRY INTO THE HONG KONG SPECIAL ADMINISTRAT-
IVE REGION OF PERSONS FROM OTHER PARTS OF CHINA SHALL CONTINUE TO
BE REGULATED IN ACCORDANCE WITH THE PRESENT PRACTICE'. THE PROVISION
IN THE LAST PART OF SUB-PARA 1 OF PARA 1 OF SECTION XIV WAS ADDED
FAIRLY LATE IN THE DAY, AT OUR SUGGESTION, TO ENSURE THAT CHILDREN, BORN OUTSIDE HONG KONG AFTER 30 JUNE 1997 TO CHINESE NATIONALS BOTH
OF WHOM HAD THE RIGHT OF ABODE IN HONG KONG, WOULD HAVE THE RIGHT
OF ABODE IN THE HONG KONG SAR (OUR TELNO 984 OF 7.9.84 TO PEKING
AND OUR TELNO 2709 OF THE SAME DATE TO YOU REFER). THIS INTENTION
WAS ALSO EVIDENT FROM THE BRITISH SIDE'S PRESENTATION OF THE POINT
TO THE CHINESE SIDE, RECORDED IN PARAS 4(B) AND 5 OF PEKING TELNO
2225 OF 10.9.84 TO YOU.
3. AS WE SAID IN PARA 1(A) OF OUR TELNO 1222, IF CHILDREN BORN ON THE MAINLAND TO PARENTS ONLY ONE OF WHOM HAS THE RIGHT OF ABODE
IN HONG KONG, HAVE THE RIGHT OF ABODE IN THE HONG KONG SAR, THE IMMIGRATION COMMITMENT COULD BE CONSIDERABLE. WE WOULD WISH TO APPRISE THE PROG OF THIS IMPLICATION. IF THEY CONCURRED WITH US
THAT THE LOOPHOLE SHOULD BE PLUGGED (WHICH IS NOT UNLIKELY AS THE PRCG HAVE ALWAYS ADOPTED A HELPFUL AND SYMPATHETIC APPROACH TOWARDS SOLVING HONG KONG'S IMMIGRATION PROBLEMS), WE WOULD SEEK TO WORK OUT SOME ADMINISTRATIVE MEASURES TO OVERCOME IT, OR TO AGREE ON AN INTERPRETATION TO THE EFFECT THAT A CHILD BORN ON
THE MAINLAND TO CHINESE PARENTS WITH THE RIGHT OF ABODE IN HONG KONG WOULD ONLY HAVE THE RIGHT OF ABODE IN THE HONG KONG SAR IF
BOTH PARENTS HAD THE RIGHT OF ABODE IN HONG KONG AT THE TIME OF
THE BIRTH OF THE CHILD. CONTIDENTIAL
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