CONFIDENTIAL
CONFIENTIAL
PP HONG KONG
GRS 306
CONFIDENTIAL
FM FCO 081530Z JANUARY 85
TO PRIORITY HONG KONG
TELEGRAM NUMBER 047 OF 8 JAN
INFO PRIORITY PEKING
HONG KONG AGREEMENT:
TOP COPY
3114
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: 1
ATRY 9 JAN 1985
Ш
651
NATIONALITY LEGISLATION
1. HOARE'S LETTER OF 23 NOVEMBER TO CHAN ENCLOSED A MINUTE FROM
EMERY (HOME OFFICE) LISTING 32 CATEGORIES OF PERSONS IDENTIFIED
AS BDTCS BY VIRTUE OF A CONNECTION WITH HONG KONG. GRATEFUL TO
KNOW IF YOU HAVE ANY COMMENTS ON THIS.
2. HOME OFFICE ARE NOW WONDERING IF THEY MIGHT BE ABLE TO TAKE
ANOTHER APPROACH TO THE QUESTION OF DEFINING THOSE WHO WILL BE
AFFECTED BY THE ORDER IN COUNCIL. SO FAR AS THEY CAN TELL, EVERY
PERSON IN EACH OF THE 32 CATEGORIES LISTED IS A 'HONG KONG
BELONGER' AS DESCRIBED IN SCHEDULE 1 TO THE IMMIGRATION ORDINANCE
(CAP. 115). CONVERSELY, EVERY PERSON WHO IS A 'HONG KONG
BELONGER' IS INCLUDED IN ONE OF THOSE CATEGORIES. THEIR LEGAL
ADVISER HAS THEREFORE SUGGESTED THE FOLLOWING FORMULA FOR
DEFINING THE PERSONS AFFECTED:
(1) IN THIS ORDER REFERENCES TO A CONNECTION WITH HONG KONG ARE
REFERENCES TO CIRCUMSTANCES WHICH GIVE RISE TO THE STATUS OF A
HONG KONG BELONGER FOR THE PURPOSES OF THE IMMIGRATION LAWS OF
HONG KONG IN FORCE AT THE TIME OF THE MAKING OF THIS ORDER.
(2) THE RELEVANT PROVISIONS OF THE LAWS OF HONG KONG REFERRED TO
IN PARAGRAPH (1) ABOVE ARE CONTAINED IN THE DEFINITION OF 'HONG
KONG BELONGER' AND ASSOCIATED DEFINITIONS IN SECTION 2 AND
SCHEDULE 1 TO THE IMMIGRATION ORDINANCE OF HONG KONG, THE TEXTS
OF WHICH ARE FOR CONVENIENCE SET OUT IN THE SCHEDULE TO THIS
ORDER.'
3.
HOME OFFICE OFFICIALS BELIEVE THAT THIS APPROACH MAY BE
PREFERABLE TO SPELLING OUT ALL THE CATEGORIES. APART FROM THE
OBVIOUS ADVANTAGES OF BREVITY AND CLARITY, IT WOULD MAKE IT PLAIN FOR ALL TO SEE THAT THE PEOPLE AFFECTED BY IT ARE REGARDED
AS BELONGING TO HONG KONG AND NOT TO THE UNITED KINGDOM FOR IMMIGRATION PURPOSES. WE WOULD BE GRATEFUL FOR YOUR VIEWS.
HOWE
DISTRIBUTION
LIMITED
HKD
FED
COPIES TO
MR BURROWS MR HILL
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LEGAL ADVISERS
LEGAL ADVISERS
NTV
DR WILSON
CONFIDENTIAL
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