TNAG-1381-FCO40-1829-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 150

CONFIDENTIAL

1

J. PARA.17 WE PROPOSE THAT IN THE LAST LINE (SECTION 21(2) OF THE BNA 1981) BE REPLACED BY 'SECTION 22(2) OF THE BNA 1981)':

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K. PARA. 13 WE PROPOSE THE ADDITION OF THE WORDS OR GRAND- PARENTS' AFTER THE WORD 'PARENT IN LINE TWO AS WELL AS THE ADDITION OF THE WORDS OF RENUNCIATION' AFTER THE WORD 'DECLARATION IN THE PENULTIMATE LINE. WE FEEL THAT 'GRANDPARENTS MUST BE ADDED BECAUSE UNDER SECTION 23 OF THE BNA 1991 CITIZENSHIP IS TRANSMISSIBLE TO THE SECOND GENERATION:

L. PARA. 19

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WE PROPOSE THE ADDITION OF THE WORD 'GANDPARENTS' AFTER THE WORD 'PARENTS' IN LINE THREE FOR THE SAME REASON AS THAT GIVEN IN PARA. K ABOVE:

M. PARA. 20 WE PROPOSE THE ADDITION OF THE WORD 'GRANDPARENTS' AFTER THE WORD 'PARENTS' IN LINE FOUR FOR THE SAME REASON AS THAT GIVEN IN PARA. K ABOVE:

N. PARAS. 19-22 REFER TO THE ISSUE OF STATELESSNESS DEALT WITH UNDER THE BNA 1991 AND UNDER THE BRITISH NATIONAL TY (NO. 2) ACT 1964. IT SEEMS TO US THAT PEOPLE BORN IN HONG KONG TO PARENTS WHO ARE THEMSELVES CHINESE NATIONALS WILL ACQUIRE CHINESE NATIONALITY ACCORDING TO CHINA'S NATIONALITY LAW ADOPTED ON 10 SEPTEMBER 1980. THE QUESTION OF STATELESSNESS WILL THEREFORE, ONLY ARISE AMONGST NON- CHINESE HK BDTCS. THIS IS ALSO BORNE OUT BY THE CHINESE MEMORANDUM:

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WE DO NOT ENTIRELY UNDERSTAND

0. THE 'EXCETPION TO LOSS' CLAUSE THE POINT OF THIS CLAUSE, NOR THE EXAMPLE OF CAYMAN ISLANDS CITED BY EMERY. WE APPRECIATE THAT IT IS ON THE LINES OF SIMILAR CLAUSES INCLUDED IN INDEPENDENCE LEGISLATION, BUT WOULD APPRECIATE FURTHER CLARIFICATION ON THE PRECISE POINT AND PURPOSE OF IT.

HADDON-CAVE

Limiteo

HKO

FED

NTO

DA WILSON

COPIES T

me

BURROWS

MR HILL

3" CONFIDENTIAL

}

LEGAL

ADUL BERS

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