FM FCOLN TO HOKON
04153OZ SEP
GRS 1556
CONFIDENTIAL
FM FCO
TO DESKBY 050100Z HONG KONG
TELNO 1262
OF 041530Z SEPTEMBER 85
INFO IMMEDIATE PEKING
TOP COPY
CONFIDENTIAL
HKk
6449
1
040/4
w
D
382-3) - MY 2 IPTS: HONG KONG AGREEMENT: NATIONALITY ORDER IN COUNCIL
FOLLOWING IS NEXT PART OF REVISED TEXT OF WHITE PAPER.
BEGINS.
12. ARTICLE 2(1)(B) CONCERNS PEOPLE WHO BECAME BDTC THROUGH
ADOPTION BY PARENTS WHO ARE HONG KONG BDTCS. THIS PROVISION
ACCORDS WITH THE PROVISION FOR ACQUISITION OF BDTC STATUS BY
ADOPTION UNDER THE BRITISH NATIONALITY ACT 1981 WHEREBY A CHILD
ADOPTED IN A DEPENDENT TERRITORY BECOMES A BDTC IF THE ADOPTER
OR, IN THE CASE OF JOINT ADOPTION, ONE OF THE ADOPTERS IS A BDTC.
IT FOLLOWS FROM THIS PROVISION THAT ADOPTION IN HONG KONG IS NOT
NECESSARILY SUFFICIENT IN ITSELF TO ESTABLISH A CONNECTION WITH
HONG KONG FOR THE PURPOSES OF THE ORDER. ON THE OTHER HAND
ADOPTION IN ANOTHER DEPENDENT TERRITORY MAY IN SOME CIRCUMSTANCES
ESTABLISH SUCH A CONNECTION. THIS ARTICLE IS THEREFORE SO
FRAMED AS TO ENSURE THAT A PERSON IS CONSIDERED TO HAVE A
CONNECTION WITH HONG KONG FOR THE PURPOSES IN THE ORDER IF HE IS
ADOPTED BY PARENTS EITHER OF WHOM IS A BDTC BY VIRTUE OF A
CONNECTION WITH HONG KONG, REGARDLESS OF WHERE THE ADOPTION TOOK
PLACE.
13.
ARTICLE 2(1)(C) IS CONCERNED WITH PEOPLE REGISTERED
OUTSIDE HONG KONG. REGISTRATION MAY HAVE TAKEN PLACE OUTSIDE
HONG KONG ON THE BASIS OF A CONNECTION WITH HONG KONG,
PARTICULARLY AS CERTAIN OF THE PROVISIONS FOR REGISTRATION
CONTAINED IN THE BRITISH NATIONALITY ACT 1948 DID NOT CONTAIN ANY
RESIDENTIAL QUALIFICATIONS, FOR EXAMPLE:
1
CONFIDENTIAL
10
(384)