CONFIDENTIAL
6067 - 1
(IE BIRTH, REGISTRATION OR NATURALISATION IN HONG KONG) MIV
MORE EASILY IDENTIFY THEMSELVES FROM THE LIST THAN FROM THE
APPROPRIATE SUB-SECTION OF ARTICLE 2(1) OF THE ORDER WHICH IS
INEVITABLY MORE COMPLEX TECHNICALLY. THOSE WHO ARE UNABLE TO
IDENTIFY THEMSELVES FROM THE LIST OR WHO ARE NOT SURE WHETHER
THEY ARE INCLUDED IN IT WILL NO DOUBT SEEK GUIDANCE WHETHER
OR NOT THE LIST IS PUBLISHED.
(C) PUBLICATION OF THE LIST MAY HELP BY IDENTIFYING SOME LATENT
CATEGORY OF PERSON AFFECTED BUT WHOM WE HAVE MISSED OUT.
3. WE HAVE INCORPORATED MOST OF THE AMENDMENTS SUGGESTED IN YOUR
SECOND TUR. THE FOLLOWING SPECIFIC COMMENTS RELATE TO AREAS
WHERE WE DO NOT AGREE OR WHERE WE WOULD WELCOME FURTHER
CLARIFICATION.
TITLE OF LIST
4. WE HAVE NOW AMENDED THE OVERALL TITLE OF THE LIST AS GIVEN IN
OUR TELNO 1163, AS THE SECOND PART OF THE DEFINITION WAS NOT
APPROPRIATE. THIS NOW OBVIATES THE NEED FOR YOUR PROPOSED
AMENDMENT TO CATEGORY A(1). THE LIST NOW SIMPLY CONSTITUTES A
LIST OF PEOPLE CONNECTED WITH HONG KONG. NOT ALL OF THESE WILL
LOSE BDTC: THOSE WITH A SEPARATE ROUTE TO BDTC THROUGH ANOTHER
DEPENDENT TERRITORY (EG THOSE DESCRIBED IN PARA B OF YOUR SECOND
TUR) WILL BE UNAFFECTED BY THE ORDER BY VIRTUE OF ARTICLE 3:
'MIXED' BDTCS WHOM WE HAVE AGREED TO EXEMPT FROM THE PROVISIONS
OF THE ORDER WILL BE EXCEPTED FROM LOSS BY VIRTUE OF ARTICLE
2(3). THERE IS THEREFORE NO NEED TO QUALIFY ANY OF THE
INDIVIDUAL CATEGORIES IN THE LIST.
APPROPRIATE GOVERNOR RULE
5. PARAS I-0, Q, R, AND T OF YOUR SECOND TUR. WE TAKE YOUR
POINT ABOUT THE APPLICABILITY OF THE 'APPROPRIATE GOVERNOR'
THE
RULE. WE WONDER HOWEVER IF THIS IS FOOLPROOF. FOR EXAMPLE, IF
ANOTHER GOVERNOR ACCIDENTALLY REGISTERS A PERSON WHO SHOULD HAVE
BEEN REGISTERED IN HONG KONG BECAUSE HIS QUALIFYING CONNECTIONS
WERE WITH HONG KONG, IS THAT PERSON NOT A HONG KONG BELONGER? IF
SO, IT SEEMS TO DO NO HARM TO RETAIN THE REFERENCES TO ARTICLE
2(1)(C).
HOWE
HONG KONG AGREEMENT: NATIONALITY.
LIMITED
HD/HKD
HD/FED
HD/NTD
RESEARCH DEPT.(MR WALKER)
D/HD PUSD
PS
PS/MR LUCE
PS/LADY YOUNG PS/PUS
BIR W HARDING MR WILSON
2
COPIES TO:
MR ROBERTS, NEWS DEPT.
MR FIFOOT LEGAL ADVISERS
MR GRAINGER, LEGAL ADVISERS
MR HYDE, HOME OFFICE
MR NICHOLSON, PASSPORT DEPT, HOME
OFFICE.
MR EMERY, B4 DIV, HOME OFFICE,
Mr Miller, MVD
CONFIDENTIAL
CROYDON.
!