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DD HONG KONG 170100Z
GRS 1107
CONFIDENTIAL
DESKBY 170100Z
FM FCO 161300Z AUGUST 85
TO IMMEDIATE HONG KONG
TELEGRAM NUMBER 1161 OF 16 AUGUST
INFO IMMEDIATE PEKING
€324
MIPT AND YOUR TEL NO 1630: HONG KONG AGREEMENT: NATIONALITY
ORDER IN COUNCIL
1.
(A)
(I)
FOLLOWING ARE OUR REPLIES TO POINTS IN YOUR TEL NO 1630:
ARTICLE 2(1)(D).
WE
THIS ARTICLE DOES NOT PREVENT A CHILD BORN IN ANOTHER
DEPENDENT TERRITORY BEFORE JULY 1997 FROM BECOMING A BDTC
AT BIRTH UNDER THE PROVISIONS OF SECTION 15(1) OF THE BNA
1981. IT SIMPLY PROVIDES THAT IF SUCH A CHILD IS SO BORN
TO PARENTS SETTLED IN HONG KONG, HE OR SHE WILL BE REGARDED
AS HAVING A CONNECTION WITH HONG KONG FOR THE PURPOSE OF
THE ORDER AND WILL THEREFORE BE LIABLE TO LOSS OF BDTC
STATUS ON 1 JULY 1997. THIS SEEMS ENTIRELY REASONABLE.
HAVE AGREED THAT A BDTC BORN IN HONG KONG AFTER 1 JANUARY
1983 WHILE HIS OR HER NON-HONG KONG BDTC PARENTS WERE ONLY
THERE TEMPORARILY SHOULD (NEXT WORD UNDERLINED) NOT LOSE
BDTC STATUS IN 1997 (ARTICLE 2(3)). CONVERSELY A PERSON
BORN IN ANOTHER DEPENDENT TERRITORY WHILE HIS OR HER HONG
KONG BDTC PARENTS WERE THERE TEMPORARILY (NEXT WORD
UNDERLINED) SHOULD LOSE. OTHERWISE A LARGE LOOPHOLE IS
LEFT IN THE ARRANGEMENTS WHICH WOULD BENEFIT ONLY THOSE WHO
COULD AFFORD TO TAKE ADVANTAGE OF IT.
(II) THE SIMPLE ANSWER IS THAT THE PLACE OF BIRTH MAKES NO
DIFFERENCE AS REGARDS BRITISH NATIONALITY. IF THE CHILDREN
WOULD OTHERWISE BE STATELESS THEY WILL BE BOCS AT BIRTH
UNDER THE TERMS OF ARTICLE 6(2). IF THEY ARE NOT
STATELESS, THEY WILL HOLD WHATEVER FOREIGN NATIONALITY THEY
ACQUIRE AT BIRTH, AND WILL NOT BE BOCS. THEY CANNOT BE
BN(0)S, BECAUSE THAT STATUS CANNOT BE ACQUIRED AFTER
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