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OCMIAN 5789
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CONFIDENTIAL
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4 SEP 1985
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MY 3 IPTS: HONG KONG AGREEMENT: NATIONALITY ORDER IN COUNCIL
FOLLOWING IS REMAINDER OF REVISED TEXT OF WHITE PAPER REFERRED TO
IN PARA 9 OF MY FIRST IPT.
BEGINS
27.
ARTICLE 6(3) AND (4) FULFIL HER MAJESTY'S GOVERNMENT'S
COMMITMENTS TO SECOND GENERATION CHILDREN IF THEY ARE BORN
STATELESS. IT WAS PROPOSED DURING THE PASSAGE OF THE HONG KONG
BILL THAT THE AUTOMATIC PROVISIONS MADE FOR THE FIRST GENERATION
SHOULD NOT APPLY TO THESE CHILDREN, BUT THAT THEY SHOULD HAVE AN
ENTITLEMENT TO REGISTRATION AS BRITISH OVERSEAS CITIZENS PARALLEL
TO THE ENTITLEMENT TO REGISTRATION AS BRITISH DEPENDENT
TERRITORIES CITIZENS PROVIDED BY SECTIONS 17(2) AND (3) OF THE
BRITISH NATIONALITY ACT 1981, WHICH ARE DESCRIBED IN PARAGRAPH 24
ABOVE.
28. ARTICLE 6(5) QUALIFIES ARTICLE 6(3) TO THE EXTENT THAT
SECTION 17(4) OF THE BRITISH NATIONALITY ACT 1981 QUALIFIES
SECTION 17(2). THAT IS TO SAY, IT EMPOWERS THE SECRETARY OF STATE
TO ACCEPT AN APPLICATION WITHIN 6 YEARS RATHER THAN 12 MONTHS OF
BIRTH, IF HE THINKS FIT IN THE SPECIAL CIRCUMSTANCES OF ANY
PARTICULAR CASE.
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