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J Emery Esq B4 Division Home Office Lunar House Croydon
Bear Jorry,
Foreign and Commonwealth Office
CONFIDENTIAL
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London SW1A 2AH
HKK 040/4.
22 August 1985
WHITE PAPER INTRODUCING HONG KONG NATIONALITY ORDER IN COUNCIL
•
1.
As promised, set out below is the comment of our legal adviser on paragraph 15 of the White Paper:
I am not sure whether this is not a little misleading. I agree that a person born in another dependent territory to a person who is settled in Hong Kong is included, but so too, surely, is a person born in another dependent territory, whose parent is not
in Hong Kong,
settled
but who
is nevertheless a
a Hong Kong BDTC (eg who was born there)? This is I think the combined effect of Section 15(i)(a) of the 1981 Act, and Article 2(i)(a) of the draft Order. Clearly such a person has a connection with Hong Kong, and he does not have a wholly "separate" connection with another dependent territory (as
(as the
the parental connection is a Hong Kong connection). Paragraph 15 is
these
therefore a little misleading persons do not have a settlement connection, but they do have a different sort of connection.
It also occurs
to me that, for this reason, category B16 in the Home Office list i 8 incomplete, and that the words "or who was a Hong Kong BDTC" should be added. Perhaps you could put this point to the Home Office."
CJ1ADY
You
sincerely
W G Ehrman
Hong Kong Department
CONFIDENTIAL