(3)3
GRS 1500
CONFIDENTIAL
FM HONG KONG
CONFIDENTIAL
TO DESKBY 03110OZ FCO
TELNO 1791
OF 03094OZ SEPTEMBER 25
INFO IMMEDIATE PEKING
STAY
нии отот ENCOPY
·4 SEP 1985
DESK OFFICER
INDEX
TRISTRY
PA
Action Taken
M.I.P.T.
360-3
369-72
YOUR TELSNO 1220-1223, AND 1236-1239 : HONG KONG AGREEMENT : NATIONALITY ORDER IN COUNCIL/DRAFT WHITE PAPER.
(H) PARA. 11. WE OBJECTED TO THE ORIGINAL VERSION COVERING SIRTH, NATURALISATION OR REGISTRATION IN HONG KONG AS EACH BEING REGARDED AS A SUFFICIENT CONNECTION IN ITSELF BECAUSE OF OUR FEELING THAT THAT VERSION, WITHOUT SPELLING OUT WHAT THE ARTICLE COVERS, MIGHT BE A BIT DIFFICULT FOR THE LAYMAN TO FOLLOW. WE TAKE YOUR POINT ABOUT THE NEED TO EXPLAIN THE SITUATION AS REGARDS BIRTH BEFORE 1 JANUARY 1983. TAKING INTO ACCOUNT YOUR VIEWS WE RECOMMEND THAT THIS PARAGRAPH BE REWORDED AS FOLLOWS
1
ARTICLE 2(1)(A) CONCERNS BDTCS BORN, NATURALISED OR REGISTERED IN HONG KONG, OR FOUND ABANDONED THERE AS A NEWBORN INFANT, OR THEIR CHILDREN. THESE PERSONS ARE DEEMED TO HAVE A SUFFICIENT CONNECTION WITH HONG KONG FOR THE PURPOSES OF THE ORDER. THIS IS SUBJECT TO A QUALIFICATION IN RELATION TO PERSONS BORN IN HONG KONG ON OR AFTER 1 JANUARY 1983, BECAUSE OF THE PROVISIONS FOR THE ACQUISITION OF BDTC STATUS BY BIRTH UNDER THE BRITISH NATIONALITY ACT 1981. UNDER THAT ACT PERSONS BORN IN HONG KONG ARE NOT BDTCS UNLESS AT THE TIME OF THEIR BIRTH EITHER OF THEIR PARENTS IS SETTLED IN A DEPENDENT TERRITORY OR IS A BDTC. CONSEQUENTLY ARTICLE 2(3) OF THE ORDER PROVIDES THAT A PERSON BORN IN HONG KONG AFTER 1 JANUARY 1983 IS NOT TAKEN TO HAVE A CONNECTION WITH HONG KONG FOR THE PURPOSES OF THE ORDER, NOTWITHSTANDING THAT HE IS BORN IN HONG KONG, UNLESS EITHER PARENT IS SETTLED IN HONG KONG OR IS A BDTC BY VIRTUE OF A CONNECTION WITH HONG KONG. FOR EXAMPLE, A CHILD 30RN IN HONG KONG ON OR AFTER 1 JANUARY 1983 TO PARENTS WHO ARE GIBRALTARIANS AND WHO ARE IN HONG KONG TEMPORARILY WILL NOT LOSE HIS BDTC STATUS IN 1997 JUST BECAUSE OF HIS BIRTH IN HONG KONG (SEE ALSO PARAGRAPH 13).'
(1) PARA. 12 AGAIN WE OBJECTED TO THE ORIGINAL VERSION BECAUSE, ALTHOUGH IT EXPLAINS THE REASONING FOR ARTICLE 2(1)(B), WE THOUGHT THE REASONING MIGHT BE DIFFICULT TO FOLLOW WITHOUT A DESCRIPTION OF WHAT ARTICLE 2(1)(5) COVERS. TAKING INTO ACCOUNT YOUR VIEWS WE NOW RECOMMEND PARA. 12 TO READ AS FOLLOWS
ARTICLE 2(1)(3) CONCERNS PEOPLE WHO DECAME BDTCS THROUGH ADOPTION EY PARENTS WHO ARE HONG KONG BDTCS. THIS PROVISION ACCORDS WITH THE PROVISION FOR ACQUISITION OF BDTC STATUS BY ADOPTION UNDER THE BRITISH NATIONALITY ACT 1981 WHEREBY A CHILD ADOPTED IN A DEPENDENT TERRITORY BECOMES A EDTC IF THE ADOPTER OR, IN THE CASE OF A JOINT ADOPTION, ONE OF THE ADOPTERS,
CONFIDENTIAL
374