CONFIDENTIAL
connected with Hong Kong who would otherwise be stateless after 1997 which would
allow them, their children and their grandchildren to be British Overseas citizens
should be extended to grant them full British citizenship with the right of abode
in this country. They have attracted support from Mr Prior MP and other Members.
For the reasons set out in the attached note, we do not believe the Associations'
representation can or should be accepted. To do so would upset the delicate balance
negotiated between us, the Chinese and the wider Hong Kong community by giving
this group exceptionally favourable treatment. The arrangements we have made preserve
a form of British nationality for 3 generations for those who would otherwise be
stateless, and the acquisition of a right of abode in the United Kingdom would
do nothing to meet their declared wish to continue to live in Hong Kong. For that
we must rely on the guarantee in the Agreement negotiated with the Chinese.
22. Accordingly, the provisions relating to statelessness in Article 6 of the
draft Order reflect the undertakings given during the passage of the Hong Kong
Bill and do not attempt to extend citizenship rights further. We believe the
Government's position can be persuasively explained and if Ministers agree, we
propose that we should take suitable opportunities to prevent the Indian Associations'
representations developing a head of steam and will submit a draft reply to
Mr Prior's representations with this in mind.
CONCLUSION
23.
Ministers are accordingly invited to agree that:
a) in the unique circumstances of Hong Kong, the draft Order in Council
should provide that BN(0)s shall be entitled to hold or be included in a
passport appropriate to that status;
b) the BNA 1981 should not be amended as Sir S Y Chung has proposed so as
to provide for children born after 1997 to BN(0)s to acquire British
citizenship or BDTC by birth either in the UK or a Dependent Territory;
c) the draft Order should not provide for stateless persons to acquire British
citizenship after 1997, as proposed by the Hong Kong Indian Associations;
-
7
CONFIDENTIAL