18133
LIVERPO
CONFIDENTIAL
with regard to the second We are confused by your paragraph 3. sentence, the case which HKID raised with us on 24 February was that of a lady who was an ethnically Chinese Hong Kong BDTC as well as BC (having acquired a right of abode in the UK under the BNA 1981.) She wished to register as a BN(0) but did not want a BN(0) passport. We could not deny her registration as a BN (0). Hers was a case, therefore, of a BN (0) who is also a BC having an automatic right of abode in Hong Kong permanently.
in
For
Your third sentence seems to see BCs/BN(0)s as foreign nationals but the above case could not be described as such; the lady The third sentence also says concerned was born in Hong Kong. that BCS/BN (0)s will not retain right of abode in Hong Kong after 1997 by reason of their BN (0) status. There is presumably no question of the lady in the above case losing her right of abode
a BC/BN(0). of Hong Kong by reason
her being clarification could you please say which BCs/BN (0)s you consider would not have automatic right of abode after 30.6.97. statement is puzzling because all BN(0)s have the right of abode and the in Hong Kong now by virtue of being also HKBDTCS, qualification for acquiring this would in the vast majority of cases seem to be the same as for acquiring the right of abode in the SAR under section XIV of the Joint Declaration.
Your
In your para 4 you say that most BCS will have been 1990 Act beneficiaries who will lose BDTC/BN(0) status when section 2(2) of that Act is brought into force. First, there is doubt here Secondly, there about whether it will be brought into force. seems to be a significant number of BDTCs who have acquired British citizenship under the 1981 Act and these would not lose were to be come into BDTC/BN(0) status even if section 2(2)
effect.
serve the endorsement does As to your para 5,
some purpose. There are certain minor advantages in a BC also being a BN(0) and if the holder wishes to register and have some evidence of BN(0)
Since we wish to avoid the status we cannot deny him that.