TNAG-1381-FCO40-1829-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 120

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CONFIDENTIAL

167

1785

Foreign and Commonwealth Office

нікії 04074

London SW1A 2AH

J C C Chan Esq OBE

Deputy Secretary (General Duties) Government Secretariat

HONG KONG

Telephone 01-233 4439

Your reference

Our reference

НКК 040/4

Date

22 January 1985

HONG KONG BILL: ORDER IN COUNCIL ON NATIONALITY

1. Further to FCO telno 120, I enclose a

copy of a letter from Mr John Grainger of the Legal Advisers, commenting on the Home Office's proposal to define persons who are BDTCs by virtue of a connection with Hong Kong by reference to the concept of "Hong Kong belonger" in Hong Kong law. As you will see, he, like you, considers this unsatisfactory.

2.

Mr Grainger's preferred approach is that proposed in a minute from Mr Hill of the Legal Advisers, which I also enclose together with Mr Grainger's earlier (undated) minute. I should be grateful for your comments on this idea and on any other points in these minutes.

3.

some

I take

even

As you will see, one issue which has been the subject of contention is the position of "mixed" BDTCS. I must confess a fairly simplistic view on this: if a

this: if a BDTC would be a BDTC if Hong Kong had never been a dependent territory, then it seems to me he should retain that status*on and after 1 July 1997, and if not, not. (Pace Grainger, para 3, I would have thought some "mixed" BDTCs might retain the status under this criterion). But I do not suppose it is that easy! Any views from your end would be most welcome.

Yousero.

Reher

RJ F Hoare

Hong Kong Department

CONFIDENTIAL

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