TNAG-0980-FCO40-1199-Implications-for-Hong-Kong-of-changes-in-British-nationality-1980 — Page 59

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Reference

GNN 340/1(25)

123A

Mr Williamson

Hong Kong and General Department K242

HKK 34011 RECEIVED IN RECR 13.51 0 3 DECISSO

D. INDEX

*STRY

PA

Awich

WHITE PAPER ON BRITISH NATIONALITY:

(121)

HONG KONG

1. In your minute of 7 November you ask for NTD's comments on certain paragraphs of Sir Jack Cater's letter of 20 October to Mr Donald. NTD comments are as follows:

Paragraph 4 Nomenclature

2.

MAY

We have put this suggestion to the Home Office. At this late stage it seems likely that the consensus in favour of CBDT which was established for the drafting of the White Paper is not likely to change.

Paragraph 5, Hong Kong Passports and Titles for Immigration Papers etc

3. These are outside the scope of the Nationality Bill itself, and will need to be considered separately. It may be possible to meet Hong Kong's wishes in relation to passports. But the expression

'British/Hong Kong' is a long way from 'CBDT/Hong Kong'. It is no doubt intended to blur the distinction between the two types of citizenship which the new Act would create; for this reason it may not be possible to give it official endorsement.

CODE 18-77

$$ 8/78

Paragraph 6: Children of Businessmen

4.

Considerable difficulty is being encountered in drafting a suitable provision to benefit children born overseas of a British citizen parent employed with a business or certain other types of organisation based in the United Kingdom, or in certain forms of employment with international bodies. Only Hong Kong and Gibraltar of the dependent territories have supported a similar provision for CBDT. For the dependencies therefore it may be better to leave Governors to exercise their discretion to register such children under a general provision. Children of Hong Kong people who are posted overseas temporarily will, of course, be entitled to be registered as CBDTs when they return to and have been resident in Hong Kong for three years with their parents.

Paragraph 7: Crown Service

5. We confirm that it is proposed that a child born outside Hong Kong whose father or mother is serving overseas in Crown Service under the government of Hong Kong will be regarded as a CBDT by birth. The definition of a Crown servant for the dependent territories has still to be drafted by the Home Office. Since it will need to apply to all the dependencies it may not be possible to include specific organisations in any individual territory but the definition will, we hope, have the effect that Hong Kong desire.

Paragraph 8: Registration of Minors

6.

Our understanding is that the child must be resident in the

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