TNAG-1382-FCO40-1830-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 137

HKR040/4

12 HAN 1985

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DD 12010OZ HONG KONG

GRS 281

CONFIDENTIAL

DESKBY 120100Z

FM FCO 111200Z. MARCH 85

TO IMMEDIATE HONG KONG

TELEGRAM NUMBER 388 OF 11 MARCH

INFO IMMEDIATE PEKING

167)

YOUR TELNOS 461 AND 495: HONG KONG AGREEMENT : TRANSMISSIBILITY

OF BOC STATUS

1. IN LIGHT OF YOUR TELNO 461 MR LUCE HAS WRITTEN TO MR

WADDINGTON IN THE HOME OFFICE PUTTING FORWARD YOUR PROPOSAL FOR

ARRANGEMENTS ANALAGOUS TO 17(2) AND (3) (A) AND (B) OF THE BNA

ALLOWING THE GRANDCHILDREN OF NON-CHINESE FORMER BDTCS BORN AFTER

1 JULY 1997 TO BE ENTITLED TO REGISTER AS BOCS, IF BORN

STATELESS.

2. MR LUCE HAS PROPOSED TO THE HOME OFFICE THAT WE TAKE THE

FOLLOWING LINE IN THE HOUSE OF LORDS DURING THE COMMITTEE STAGE

OF THE HONG KONG BILL:

(A) WE WILL APPROACH THE CHINESE TO SEEK TO ENSURE THAT IT IS

POSSIBLE FOR THE DESCENDANTS OF NON-CHINESE FORMER BDTCS BORN IN

HONG KONG TO OBTAIN CHINESE NATIONALITY IF THEY WISH TO DO SO.

(B) THAT WE WILL PROVIDE IN THE ORDER IN COUNCIL FOR THE GRAND

CHILDREN (BUT NO FURTHER GENERATIONS) OF PEOPLE WHO ARE BDTCS IN

HONG KONG BEFORE 1997 TO BENEFIT FROM PROVISIONS ANALAGOUS TO

THOSE IN SECTION 17(2) AND 3(A) AND (B) OF THE BNA IF BORN

STATELESS,

AND (C) WE WOULD EXPLAIN SECTION 27(1) OF THE BNA AND SAY THAT IT

WOULD BE OPEN TO MINISTERS OF THE DAY TO USE THEIR DISCRETIONARY

POWER UNDER IT IF THEY WERE CONVINCED THAT THE CIRCUMSTANCES

JUSTIFIED IT. IT MIGHT HELP IF WE ADDED THAT IT WOULD ALSO BE

OPEN TO MINISTERS TO ADMIT PEOPLE TO THIS COUNTRY UNDER THE

DISCRETION CONTAINED IN IMMIGRATION LEGISLATION IF THEY WERE

CONVINCED THAT CIRCUMSTANCES JUSTIFIED IT.

3.

WE WILL LET YOU KNOW WHAT REPLY THE HOME OFFICE GIVE AS SOON

AS POSSIBLE. WE HOPE TO AGREE ON A LINE BEFORE THE COMMITTEE

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