TNAG-1327-FCO40-1740-Future-of-Hong-Kong-Ministerial-statements-1984 — Page 56

CONFIDENTIAL

ACQUISITION OF NEW STATUS ONLY UNTIL 1 JULY 1997?

137. This was point of principle for Chinese. But able to

negotiate special arrangements for those born immediately before 1

July 1997 and those included in passports of parents before 1 July

1997.

LOSS OF TRANSMISSIBILITY?

138. Also point of principle for Chinese. HMG fought hard for it

but was forced to conclude finally that it was not negotiable.

PROCEDURE FOR ACQUIRING "NEW" FORM OF BRITISH NATIONALITY?

139. Details will be announced later. Arrangements will be made

for BDTC passports to be replaced before I July 1997 by passports

pertaining to new status.

POSITION OF NON-CHINESE BDTCS

140. Like all BDTCs, will be eligible to retain form of British

Nationality after 1 July 1997 if they obtain or are included in British passport before then. Their children will not acquire

British nationality by descent. May acquire other nationality if

held by parent or through birth in foreign country. In accordance with international obligations to reduce statelessness HMG will make provisions in relevant legislation for such children to acquire British Nationality at birth if they would otherwise be stateless.

STATELESSNESS?

141.

Provision will be made in relevant legislation for children born after 1 July 1997 to former Hong Kong BDTCs who are not Chinese nationals to acquire another form of British nationality at birth if they would otherwise be stateless. Also for any non-Chinese former BDTCs who become stateless on 1 July 1997 for whatever reason.

HMG HAS LET BDTCS DOWN

141a. No. All BDTCs by virtue of connection with Hong Kong will be eligible to retain British Nationality after 1997. Most Hong Kong residents become subject to immigration control under Commonwealth Immigration Act 1962. Position unchanged by British Nationality Act

CONFIDENTIAL

- 31 -