393
CONFIDENTIAL
- FM HONG KONG
TO IMMEDIATE FCO
CONFIDENTIAL
TELNO 1880
OF 12034OZ SEPTEMBER 85
INFO IMMEDIATE PEKING
YOUR TELENOS 1246-1247.
377-8
TOP COPY
·
HKK 040/4
HONG KONG AGREEMENT : NATIONALITY ORDER IN COUNCIL RECEIVED N
WE HAVE THE FOLLOWING COMMENTS ON THE REVISED LIST
12 SEP 1985
GENERAL
TO ASSIST THE PUBLIC ON COMPREHENDING THE CROSS-REFERENCES
TO THE DRAFT ORDER AND TO PROVISIONS IN THE ENA 1921, WE RECOMMEND
THAT REFERENCE TO THE DRAFT ORDER, SUCH AS ARTICLE 2(1)(A) OF THE DRAFT ORDER, SHOULD DE SPELT OUT IN FULL THE FIRST TIME IT APPEARS. WE ALSO RECOMMEND THAT THE ADDREVIATIONS, BNA 1981, BE SPELT OUT
IN FULL AND THAT THERE SHOULD BE A FOOTNOTE EXPLAINING THAT
'23(1)(A)' ETC., REFERS TO PROVISIONS FOR ACQUISITION OF BDT
CITIZENSHIP AT THE COMMENCEMENT OF THE ACT UNDER THE BNA 1931.
SPECIFIC
2(A) CAT A5(A). 'RESIDENT' SHOULD READ RESIDENCE'. WE RECOMMEND
THAT THIS CATEGORY BE DELETED BECAUSE WHEN SUB-SECTIONS 1 AND 1(A)
OF SECTION 8 OF THE 1948 ACT ARE READ TOGETHER, IT IS ABUNDANTLY
CLEAR THAT THE GOVERNOR OF ANY COLONY MAY NOT REGISTER ANY PERSON
UNDER SECTION 5A(1). IT FOLLOWS THAT ANY REGISTRATION UNDER
SECTION 5A(1) IN HONG KONG MUST HAVE BEEN ULTRA VIRES:
(E) CAT A6(A). WE CONSIDER THAT THIS CATEGORY SHOULD ALSO BE
DELETED, AS WE CANNOT CONCEIVE OF ANY CIRCUMSTANCES IN WHICH SUCH
A CUKC COULD ON 1 JANUARY 1923 BECOME A BDTC:
(C) CAT A6. WE RECOMMEND THAT THE CONCLUDING PART BE REVISED TO
READ ON THE GROUNDS OF ORDINARY RESIDENCE IN HONG KONG, RELEVANT EMPLOYMENT OR CROWN SERVICE UNDER THE HONG KONG GOVERNMENT AS
THE CASE MAY BE'.
YOUDE
HONG KONG AGREEMENT: NATIONALITY
LIMITED
HD/HKD
HD/FED
HD/NTD
RESEARCH D (MR WALKER)
DEP HD/PUSD
PS
PS/MR RENTON
PS/LADY YOUNG
PS/PUS
SIR W HARDING MR WILSON
COPIES TO:
MR ROBERTS, NEWS DEPT
MR FIFOOT, LEGAL ADVISERS
MR GRAINGER, LEGAL ADVISERS
MR MILLER, MVD
MR HYDE, HOME OFFICE
MR EMERY, B4 DIV, HOME OFFICE, CROYDON
MR NICHOLSON, PASSPORT DEPT, HOME OFFICE,
ROOM 236, CLIVE HOUSE.
CONFIDENTIAL