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post-1997 either under Article 24 (4) or under Article 24 (6); but those in category (ii) who for whatever reason have not chosen to register as a BDTC or who have not fulfilled the 5 year residence qualification, have no certain status until they are defined as "a person not of Chinese nationality". The Chinese have so far fought shy of defining precisely who is a Chinese national. But discussions continue in the JLG.

Eligibility for British Nationality Scheme

6.

All BDTCS are eligible to compete under the the British Nationality (Hong Kong) Act 1990. The second tranche will start early in 1994. Ethnic origin is not a factor in the scheme (and since information is not collected on such a basis we have no figures to show the success to date of the ethnic minorities in the scheme).

British Citizenship for Wives and Widows of Ex-Servicemen

(B)

7.

During the second reading of the British Nationality (Hong Kong) Act 1990 the Home Secretary gave an assurance that the spouses of any British citizens who had died and who had been resident in Hong Kong would be allowed to come to the United Kingdom to settle and to apply for British citizenship in the normal way. The assurance was extended to the wives and widows of those servicemen who served in the defence of Hong Kong during the Second World War, irrespective of the husband's nationality. This is a small group (a few dozen) and their call to be granted British citizenship without having to travel to the UK generates considerable sympathy for their cause in Hong Kong.

8.

The Hong Kong Government told Jimmy McGregor in November that they would ask HMG to look again at the case for exemption for this group. We have now asked the Home Office at official level to consider HKG's proposals. But since new primary leglislation would be necessary, it seems unlikely that the Home Office will be able to do more.

(C)

9.

Registration of Children of "Split" Families

A number of British citizen parents in Hong Kong may transmit their citizenship to children born in Hong Kong on or after 1.1.1983 (when the British Nationality Act 1981 came into force) but are not able to transmit the citizenship to children born in Hong Kong before that date. The Home Secretary agreed last September to look "generously and speedily" at applications from families in this anomolous position. 112 applications out of 190 received so far have been successful. None have been refused.

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