TNAG-1334-FCO40-1766-Future-of-Hong-Kong-legislation-1984 — Page 108

CONFIDENTIAL

Paragraph 2(1)(a)

4. We wish to cover persons who can only establish a claim to be BDTCs because of some link with Hong Kong. Thus a person who has two separate watertight claims to be a BDTC, one by virtue of a connection with Hong Kong, and one by virtue of a connection with another dependent territory, should not be covered. An example of this category would be someone born outside Hong Kong, whose father was a BDTC born in Hong Kong and whose mother was a BDTC born in Gibraltar (section 16(1) of the British Nationality Act 1961). Where however a person has links with two dependent territories (one being Hong Kong) and the link with Hong Kong is an indispensable part of his claim to be a BDTC, he should be covered. An example of this latter category would be a person born in Gibraltar, whose father and mother were settled in Hong Kong (section 15(1) of the British Nationality Act 1981).

5. On the basis of this distinction we are reasonably confident that we can maintain that we are acting in accordance with the UK Memorandum. We should therefore be grateful if Counsel would ensure that the text of this sub- sub-paragraph will achieve the results described above.

Paragraph 2(1)(b)

6. It has been suggested to me by the Attorney General of Hong Kong that in the interests of clarity the words. "such citizens" should be replaced by "British Dependent Territories citizens". I am not myself convinced that such a change is needed, but I have agreed to put his suggestion to you.

I would be equally content if you were either to adopt it or to keep the text as it is.

Paragraph 2(2)

•

7 We have not yet resolved the question whether the new status should be acquired by application for registration (the Home Office preference) or by application for a passport, the issuance of which would coincide with the acquisition of the new status (Hong Kong's preference). In order to satisfy the latter that we are in no way prejudging that question in the Bill, would you feel able in line 2 to replace the words "applications for" with something like "applications relating to the acquisition of"?

8.

There is a further problem with the last three or four

A person may be doubly qualified as a BDTC

lines.

(i) by virtue of a connection with Hong Kong, and

(ii) by virtue of a connection with some other dependent

territory.

CONFIDENTIAL

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