TNAG-1381-FCO40-1829-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 155

CODE 18-77

Mr Hoare

pare, HKD

Hoare,

CONFIDENTIAL

HICK 04014

17 JAN1985

Reference....GNN 340/393/1.

Roth pl

on 040/4

744/

45

750

HONG KONG LEGISLATION : NATIONALITY

1. I am sorry NTD have not commented sooner on Mr Hill's minute of 31 December and Mr Grainger's undated minute about the definition of BDTCs by virtue of a connection with Hong Kong.

2.

I am grateful to Mr Hill and Mr Grainger for identifying the further amendments needed to the list of categories given in the enclosure to Mr Emery's minute of 21 November and which NTD had missed. It is clear from the minuting that any list is going to be long and complex and we fully support the proposal that a shorter formula be adopted for defining in the Order in Council those categories who will cease to be BDTCs by virtue of their connection with Hong Kong. Mr Hill's suggestion in paragraph 7 of his minute of

31 December has been overtaken by the Home Office proposal that the formula should be based on the 'Hong Kong belonger' status. NTD can see no objection to this proposal and we hope that Hong Kong will also feel able to support it.

3. On the question of persons who have a claim to be BDTCs from a connection with more than one dependent territory, ie the 'separate' and 'mixed' BDTCS referred to in Mr Hill's minute, we had assumed that all such persons would be excepted from loss of BDTC status under the arrangements for Hong Kong, on a similar basis to what happened over independence arrangements for former dependent territories. In all those cases persons who would have ceased to be CUKCS on acquiring the citizenship of the newly independent country still retained that status if they had a parallel claim to it through a connection with another territory which remained a dependency. I think it would be difficult to justify removing BDT citizenship from any person who, in addition to their Hong Kong connection, had a claim to the status by reason of their own or a parent's or grandparent's birth, registration or naturalisation in another dependent territory. Exemption from loss should be based on the person having a connection with a dependent territory other than Hong Kong through which they qualify for citizenship, and not simply for 'belonger' status of that territory. This would prevent any circumventing of the loss of BDTC status by means of acquiring belonger status through the investment of funds, a limited period of residence, etc. The other territory should also still remain a dependency on 1 July 1997 and not only on the date of the Order in Council. By the inclusion of the word 'only', paragraph 2(1) of the draft Order enclosed with Mr Emery's letter to you of 10 January appears to make

CONFIDENTIAL

/the