TNAG-0979-FCO40-1198-Implications-for-Hong-Kong-of-changes-in-British-nationality-1980 — Page 190

Juall

布政司署

LA

CONFIDENTIAL

R&R. to me

Oridianu

18.2

GOVERNMENT SECRETARIAT

LOWER ALBERT ROAD

HONG KONG

香港下亞厘畢道

*** OUR REF.: (44) in SCR 39/2091/72

來函檔號 YOUR REF.:

P. J. Williamson, Esq., JP

Foreign and Commonwealth Office

Hong Kong and General Department London SW1A 2AH

ENGLAND

HKK 34c

424

NO. ST 31

12th February, 1980

F.

No

2212

22/2

Aw "113

Sea (24

20

Acer branch.

British Nationality Law

THE 1979 file Thank you for your letter of the 4th December 1979 on the above

subject.

2.

We regard it as premature to seek assurances about an unwritten law and before we have been able to study the outline proposals which will be included in the White Paper.

3.

Without prejudice to what may emerge, it seems likely that there would not be a problem in accepting as Hong Kong citizens (or whatever other title is decided) all those defined as Hong Kong belongers in Section 2 of the Immigration Ordinance (Cap. 115), together with any present citizens of the UK and Colonies with a father or paternal grandfather born or naturalised in Hong Kong and who under any possible future arrangements might otherwise become stateless,

4.

For convenience I record that "Hong Kong belongers" means: -

a)

a British subject who was born in Hong Kong;

b)

a British subject by naturalisation in Hong Kong;

c)

a British subject by registration in Hong Kong under Section 7(2) of the British Nationality Act 1948; and

d)

5.

a British subject who is or has been married to, or is the child of a person mentioned in para. (a), (b), or (c).

It appears that all persons who presently have a right of abode in the UK will preserve that entitlement under the Green Paper proposals. However, we will need to ensure that there is no ban or restriction on dual

CONFIDENTIAL