TNAG-1381-FCO40-1829-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 185

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Mr RJ F Hoare

Foreign and Commonwealth Office

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Dear Richar

FUCK 040 14

RECEIVED IN REGISTRY 14 JAN 1985

CATHY

DESK OPTI INDEX

PA

on Tabusey

HONG KONG LEGISLATION

Please reply to The Under Secretary of State Your reference

Our reference

NTY/84 1337/0/9

Date

10 January 1985

Copied to hegel Amos

нак

Kokd

2 weeks

I attach two copies of a draft Order in Council on which we should be grateful for your and Hong Kong's comments. I have amended the draft in manuscript to read, wherever appropriate, "British National (Overseas)" in the hopes that this will turn out to be the agreed title.

You will see that the draft incorporates our proposed formula for defining the persons affected. If this is acceptable, we have it in mind to produce a list of the categories involved as an annex to the Order.

Apart from this, there does not seem to us to be anything particularly controversial in the draft Order. You will see that Article 3(1) plays down the registration aspect to the extent that it refers to an applicant "signifying his intention to acquire (BNO) status". You will see also that we are proposing to make provision for renunciation and deprivation of BN (O). It may be unlikely that either provision would be used, but we think it is necessary to allow for the possibility.

The draft also assumes that the nationality to be acquired by otherwise stateless former BDTCs and their children will be BOC. The draft makes provisions to guard against statelessness in accordance with the undertakings already given. It also adds BN (0) to the entitlement registration provisions of section 4 of the BNA 1981 and to the categories of persons who are Commonwealth citizens under section 37 of that Act. It also assumes to mi fee will is pagere for registration as a Bitco), and dies must

Ukarijo. Garly the purssin f sentions 41(2) of USE BNA 1981. The three cut-off dates for application set out in Article 3(2) are proposals only. Hong Kong are best placed to judge how much time they will need to ensure that the deadline for passport issue is met.

When you approach Hong Kong, we should be grateful if you would also ask them to confirm that the Immigration Ordinance referred to in the draft is the current version, and is up to date as regards amendments etc. In this connection, when we met the Hong Kong Deputy Director of Immigration (Mr S Kuo) recently he mentioned that Hong Kong had already noted the point referred to in paragraph 3 of my minute of 21 November 1983 (the categories of persons affected), concerning the position of a woman registered in Hong Kong under section 20 of the BNA 1981 by virtue of her marriage to a CUKC who became a BDTC on 1 January 1983 but who did not himself have a qualifying connection with Hong Kong. Mr Kuo gave us to understand that Hong Kong had considered making an amendment to the immigration ordinance to give such a

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