1
OCMIAN 4111
CONFIDENTIAL
OO HOKON
FM FCOLN TO HOKON
041145Z OCT
GRS 358
CONFIDENTIAL
FM FCO
TO IMMEDIATE HONG KONG
TELNO 1473
OF 041145Z OCTOBER 85
INFO IMMEDIATE PEKING
CONFIDENTIAL
14111
-
1
ник ото/+
м
HONG KONG AGREEMENT: NATIONALITY ORDER IN COUNCIL
1.
IF
WHITE PAPER HAS NOW BEEN APPROVED BY PRIME MINISTER,
SECRETARY OF STATE AND HOME SECRETARY. IF OTHER OD(K) MEMBERS
APPROVE QUICKLY, PUBLICATION WILL TAKE PLACE ON 17 OCTOBER.
THERE IS A DELAY IT WILL ONLY BE FOR A WEEK AND PUBLICATION WILL
THEN TAKE PLACE ON 22 OR 23 OCTOBER. WE WILL CONFIRM DATE AS
SOON AS WE CAN.
2.
MINISTERS HAVE NOT ACCEPTED SIR S Y CHUNG'S PROPOSAL THAT
WE AMEND THE BNA 1981 TO ENABLE CHILDREN OF BN(O)S BORN AFTER
1 JULY 1997 TO ACQUIRE BRITISH CITIZENSHIP IF THEY ARE BORN IN
THE UK OR BRITISH DEPENDENT TERRITORIES CITIZENSHIP IF THEY ARE
BORN IN A DEPENDENT TERRITORY. FOR HONG KONG BDTCS TO BE ABLE TO
PROTECT THEIR CHILDREN BORN AFTER 1997 FROM THE CONSEQUENCES OF
THE AGREEMENT IN THIS WAY WOULD BE CLEARLY CONTRARY TO THE SPIRIT
OF THE EXCHANGE OF MEMORANDA ON NATIONALITY AND HENCE WOULD BE
OBJECTIONABLE TO THE CHINese. ALSO, IT WOULD DRIVE A COACH AND HORSES THROUGH THE PRINCIPLES OF THE BNA. 1981 WHICH DELIBERATELY
DEPARTED FROM THE IDEA OF CITIZENSHIP BY BIRTH ALONE, BY CREATING
A LOOPHOLE WHICH WOULD UNDOUBTEDLY BE SEEN AS BEING DEVISED
SOLELY FOR THOSE WEALTHY ENOUGH TO HAVE THEIR CHILDREN BORN
ELSEWHERE.
THIS WOULD BE UNACCEPTABLE TO UK MINISTERS. WE ARE
1
CONFIDENTIAL
427