TNAG-1381-FCO40-1829-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 34

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ALMOST AUTOMATICALLY TO NON-CHINESE FORMER HONG KONG BDTCS WHO

APPLIED FOR IT, AND TO THEIR CHILDREN BORN IN THE HONG KONG SAR.

WE REALISE THAT MANY NON-CHINESE BDTCS MAY NOT WANT CHINESE

NATIONALITY, BUT IF THEY AND THEIR DESCENDANTS ARE TO CONTINUE TO

LIVE IN HONG KONG THIS 'DOES REALISTICALLY APPEAR TO BE THE BEST

OPTION FOR THEM.

4. FOR THE PURPOSES OF THE LEGCO DEBATE ON 6 FEBRUARY, WE THINK

WE MIGHT LATER BE ACCUSED OF MISLEADING PEOPLE IF WE SAY THAT THE

DETAILS OF THE ORDER-IN-COUNCIL ARE STILL UNDER DISCUSSION AND

THAT NO DECISION HAS BEEN TAKEN ON THIS POINT. WE THEREFORE

SUGGEST THE FOLLOWING LINE, AND WOULD BE GRATEFUL FOR YOUR

COMMENTS ON IT DESKBY 050900Z. WE SHALL NEED TO CLEAR IT WITH

MINISTERS HERE TOMORROW.

A) THE PROPOSAL THAT CHILDREN BORN AFTER 30 JUNE 1997 TO

NON-CHINESE FORMER BDTCS SHOULD ACQUIRE BOC STATUS AUTOMATICALLY

AT BIRTH IF THEY WOULD OTHERWISE BE STATELESS IS INTENDED TO

APPLY ONLY TO THE FIRST POST-1997 GENERATION.

B) CHILDREN BORN TO THOSE WHO ACQUIRE BOC STATUS IN THIS WAY

WOULD BE ELIGIBLE THEMSELVES TO ACQUIRE BOC STATUS ONLY UNDER THE

TERMS OF THE EXISTING SCHEDULE 2 OF THE BNA 1981.

C) THIS IS BECAUSE HMG DO NOT CONSIDER IT APPROPRIATE AS A

GENERAL PRINCIPLE TO GRANT BRITISH NATIONALITY INDEFINITELY AND

WITHOUT RESTRICTIONS TO THE DESCENDANTS OF BRITISH NATIONALS.

THERE IS NO REASON WHY THE CHILDREN OF PERSONS WHO ACQUIRED BOC

STATUS BY VIRTUE OF THEIR FATHER OR MOTHER BEING A FORMER HONG

KONG BDTC SHOULD BE TREATED MORE FAVOURABLY THAN THE CHILDREN OF

OTHER BOCS.

D) IF THE DESCENDENTS OF FORMER HONG KONG BDTCS CONTINUE TO LIVE

AND WORK IN THE HONG KONG SAR, IT WOULD BE LOGICAL AND SENSIBLE

FOR THEM TO APPLY TO ACQUIRE CHINESE NATIONALITY. WE RECOGNISE

THAT WE SHALL NEED TO DISCUSS THE QUESTION WITH THE CHINESE

GOVERNMENT.

5.

WITH REGARD TO PARAGRAPH 5 OF YOUR TUR WE CONFIRM THAT BOCS

OR BN (0)S WHO ARE NOT CHINESE NATIONALS WILL BE ELIGIBLE TO

RECEIVE BRITISH CONSULAR PROTECTION IN CHINA AND THE SAR (SEE

PARA 4 OF FCO TELNO 190). WE SEE NO REASON WHY THIS SHOULD NOT

BE SAID IN THE LEGCO DEBATE.

HOWE

HONG KONG AGREEMENT

LIMITED

:

HD/HKD

HD/FED

HD/PLANNING STAFF

HD/PUSD

DEP HD/PUSD

RESEARCH DEPT (MR WALKER)

PS

PS/MR LUCE

PS/PUS

SIR W HARDING

MR WILSON

SIR J FREELAND

MR J CROWLEY, FUSD.

- སྙ

COPIES TO: (VIA ADR)

MR ROBERTS, NEWS DEPT

MR FIFOOT, LEGAL ADVISERS

MR BURROWS, LEGAL ADVISERS

MR MARTIN, ASST STAFF CABINET

OFFICE

MR CARTLEDGE, CABINET OFFICE MR DRC CHRISTOPHER, CABINET OFF. SIR P CRADOCK, NO 10 DOWNING ST

MR EMERY BUTH/OFFICE CROYDON

SECRET MR. HYDE

4/0

Q.A.C.