CONFIDENTIAL
GRS 450
CONFIDENTIAL
FM HONG KONG
TO IMMEDIATE HONG KONG GOVERNMENT OFFICE LONDON
TELEGRAM NUMBER 975
OF 02050OZ OCTOBER 35
FOR COMMISSIONER (ATTN.: MR. A LAM)
TOP GOP
FROM: S FOR S (MRS. R. IP)
HK K RECEIVED
040/4
- 3 OCT 1985 ~
OUR REF. : SCR 4/2091/84 PT. 2
THY
DESK OFFICER
INDEX
PA
YOUR REF. : HKG0/4198/LM 762
ли
Action taken
MY COMMENTS ON YOUR PROPOSED LINE ARE AS FOLLOWS:
(A) THE NATIONALITY ARRANGEMENTS FOR HONG KONG BDTCS ARE SET OUT
IN THE UK MEMORANDUM ASSOCIATED WITH THE JOINT DECLARATION AND IN
THE SCHEDULE TO THE HONG KONG ACT 1985. THE ORDER IN COUNCIL ON
NATIONALITY IS THE LEGISLATIVE MEANS TO GIVE EFFECT TO THESE
PROVISIONS:
(B) WHETHER THE DRAFT ORDER IN COUNCIL WILL BE DEBATED BY LEGCO
IS A MATTER FOR LEGCO. BUT IT IS MOST LIKELY THAT LEGCO WILL WISH
TO DEBATE IT:
(C) HO OFFICIALS HAVE PROPOSED TO PUBLISH THE DRAFT ORDER IN COUNCIL
AS AN ANNEX TO A WHITE PAPER WHICH WILL ITSELF GIVE AN EXPLANATION
OF THE PROVISIONS IN THE DRAFT ORDER. THIS IS SUBJECT TO MINISTERIAL
APPROVAL (BEING SOUGHT NOW) ALTHOUGH IT IS UNLIKELY THAT MINISTERS
WILL DISAGREE:
(D) FOLLOWING THE ENACTMENT OF THE ORDER IN COUNCIL BY APRIL/MAY
NEXT YEAR, HMG WILL START APPROACHING THIRD COUNTRIES TO EXPLAIN
THE NEW NATIONALITY STATUS AND HOW HMG INTEND TO TREAT, AS APPLYING TO BN (0)S, THE PROVISIONS OF INTERNATIONAL AGREEMENTS TO WHICH THE
UK IS A PARTY AND WHICH ENCOMPASS VARIOUS CATEGORIES OF BRITISH
NATIONALS: AND TO ASK THEM TO GIVE BN (0) PASSPORT HOLDERS THE SAME
RIGHTS OF ACCESS TO THEIR COUNTRIES AS THEY GIVE TO BDTC PASSPORT
HOLDERS. DETAILS OF THE APPROACH ARE UNDER CONSIDERATION BETWEEN
HMG AND HKG:
(E) YOU ARE QUITE RIGHT ABOUT THE PROVISIONS FOR REDUCING OR
AVOIDING STATELESSNESS AMONG THE SECOND-GENERATION DESCENDENTS
OF NON-CHINESE HONG KONG EDTCS. THE IMPORTANT POINTS TO STRESS
ARE THAT
(1) NON-CHINESE HK BDTCS WILL NOT BE LEFT WITHOUT A NATIONALITY AFTER
1 JULY 1997. THEY MAY BECOME DN(0) IF THEY ACQUIRE A PASSPORT
IN THAT STATUS BEFORE 1 JULY 1997 OR BOCS IF THEY FAIL TO BECOME
BN(0)S:
CONFIDENTIAL
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