TNAG-1382-FCO40-1830-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 101

CONFIDENTIAL

}

cases

6. There will be

of hardship and the Home Office proposed earlier that there should be s ome sort of general "saver". In our view the legal position is that the UK Memorandum does not allow any

mixed BDTCs to maintain that status after 1 July 1997. Hong Kong's

views are not clear.

7. O'r latest draft Order (attached to Mr Hill's minute) reflects

the above. It also reflects our view that in order to ~omply

clearly with the term of the UK Memorandum "mixed" BDTCS but not

"separate" BDTCs can apply for BN (O) status, whereas the Home Office

draft allowed both to annly.

Statelessness

8. In para 4 of Telno 337, Hong Kong agree with us that we are

right not to grant British nationality to children born to

non-British parents unable to transmit their nationality after

July 1997.

9.

1

In para 5 however, Hong Kong argue that children born before 1 July 1997 to such parents should be granted British nationality.

They would otherwise be deprived of the opportunity to acquire British nationality by registration. We are agreed with the Home

Office that this is a false argument. Such people would not be

deprived of any existing rights.

Registration

10. We agree in substance with Hong Kong's proposal in para 6(B) of

Hong Kong telno 337.

337. The Home Office are likely to argue that the

Order in Council must not be misleading for legal reasons and must

make it clear that registration is involved. We cannot think of any

legal reason

requirement to register as one of the preconditions for application

for the status of BN(O). We have therefore proposed the following paragraph 4(i) to the Order.

"I

A y person

why the Order in Council should create a legal

who is

British Dependent Territories a

citizen by

CONFIDENTIAL