GRS 800
CONFIDENTIAL
FM HONG KONG
TO DESKBY 09113OZ FCO
TELNO 86
OF 09095OZ JANUARY 86 INFO IMMEDIATE PEKING
CONFIDENTIAL
Hall Oudt
RECEIVED IN REGISTRY
1 0 JAN 1986
OFFICER
INDE
PA
53
MIPT:
NATIONALITY ORDER IN COUNCIL
REGISTRY
Action Taken
COPY
54
: PARLIAMENTARY DEBATE.
(A) PARA 2: WE DO NOT THINK THE POINT INTENDED IN THE LATTER PART OF THE THIRD SENTENCE HS CLEAR ENOUGH. WE SUGGEST THAT IT BE RE-PHRASED ALONG THE LINES THAT WE ARE INTRODUCING THEM IN VERY GOOD TIME TO PREVENT UNCERTAINTY AND TO ENSURE THAT BOTH THE PEOPLE OF HONG KONG AND THIRD COUNTRIES HAVE AN OPPORTUNITY TO GET USED
TO THE NEW PASSPORT.
(B) PARA 4: THE WORD 'THIS IN THE FIRST SENTENCE SHOULD BE REPLACED BY ''LAST''. PARAGRAPH 2 OF THE SCHEDULE TO THE ACT ALLOWS FOR PROVISIONS TO BE MADE BY ORDER IN COUNCIL BUT NOT BY THE ACT NTSELF. WE RECOMMEND, FOR THE PURPOSE OF CLARITY, THAT THIS PARAGRAPH STARTING FROM THE THIRD SENTENCE SHOULD BE RE-CAST AS FOLLOWS-
''PARAGRAPH 2 OF THE SCHEDULE TO THE ACT ALLOWS FOR PROVISON TO BE MADE BY ORDER IN COUNCIL FOR THE ENDING ON 1 JULY 1997 OF BRITISH DEPENDENT TERRITORIES CITIZENSHIP FOR THOSE HAVING SUCH CITIZENSHIP THROUGH A CONNECTION WITH HONG KONG: FOR THOSE WHO WERE SUCH CITIZENS ON THAT DATE TO ACQUIRE AS A RIGHT A NEW FORM OF NATIONALITY, KNOWN AS BRITISH NATIONAL (OVERSEAS): FOR THE NECESSARY ARRANGEMENTS FOR MAKING APPLICATIONS FOR THE NEW STATUS AND FOR THE AVOIDANCE OF
STATELESSNESS.''
IN THE LAST SENTENCE, AS BN (0)S WILL REMAIN BDTCS UP TO 30 JUNE 1 1997, THE USE OF THE WORD TRANSFER IS NOT ENTIRELY CORRECT.
(C) PARAS 6 AND 7 (SEE MY M.P.T).
(D) PARA 9: WE FIND THE EIGHTH SENTENCE THEY ARE NOT INTENDED TO BE MUTALLY EXCLUSIVE OBSCURE. PARAGRAPH 10 OF THE WHITE PAPER IN FACT STATES THAT ARTICLE 2(1) ENCOMPASSES ALL THE HONG KONG BDTCS LISTED IN ANNEX 2. GIVEN THE COMPLEXITIES OF ANNEX 2 (MY TELNO 1717 OF 23 AUGUST 1985), WE WOULD ADVISE AGAINST REFERRING TO THE INTENT- 89, OF ANNEX 2 IN THE LATTER PART OF THE LAST SENTENCE.
(E) PARA 12: WE ARGUED DURING THE DISCUSSION ON THE DRAFT ORDER THAT MENTION OF THE HOLDING OF OR INCLUSION IN A BN(0) PASSPORT IN ARTICLE 4(2) WAS ESSENTIAL TO CONFORM WITH THE TERMS OF THE UK MEMORANDUM ASSOCIATED WITH THE JOINT DECLARATION AND THIS WAS
ACCEPTED BY THE HOME OFFICE (YOUR TELNO 1085 OF 29 JULY). TO PRESENT
IT AS A CONECESSION TO THE HONG KONG GOVERNMENT IS MISLEADING AND
SHOULD BE DELETED.
CONFIDENTIAL