TNAG-1382-FCO40-1830-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 150

CODE 18-77

AWO Ltd.

7/84

CONFIDENTIAL

Reference......

there applications for registration as a BDTC immediately before 1st July 1997. There may be a need for some discretionary provision in any event to allow for late registration (both as a BDTC and as a BN (0)) although we need in any event to keep strictly to the dates and conditions specified in the Memorandum. For example, as Article 5 reflects, no person shall acquire♣ British Dependent Territories Citizenship after 30 June 1997. Thus, "late" registration cannot in any event take place after this date.

Paragraph (4) is necessary to reflect paragraph (b) of the Memorandum and paragraph (2) of the Schedule to the Bill.

Article 5

I agree with Miss Veale's comment on this Article in paragraph 5(b) of her minute. I think that the provision is also better modelled on similar provisions in the previous Independence legislation, for example, Section 2(1) of the Kenya Independence Act 1963 (copy attached). You have raised the point as to whether the provision as previously drafted might preclude a person legitimately acquiring British Dependent Territories citizenship after 1st July 1997 by virtue of section 16 (1) of the 1981 Act. For example, it is acknowledged that a person born in Hong Kong after 1st July 1997 to a father who is a BDTC by virtue of a connection with Gibraltar otherwise than by descent should still be able to acquire BDTC status, since it is his parental connection and not his connection with the place of birth that enables him to acquire BDTC status. I am doubtful as to whether the Home Office wording would preclude this but it may be possible to clarify the intention by adding the phrase "as a dependent territory" after "Hong Kong" in Article 5. My concern is that this might serve to throw up further ambiguities, when the point with which it is trying to deal is not a very strong one in the first place.

3.

There are also some further general matters which will need to be pursued at some stage. First, we need to consider the effect of the new category of nationupon existing treaties and also what our practice should be from now on. Secondly, I am not sure in what form the procedures for application for the new status will be laid down, for example, whether or not the British Nationality (General) Regulations will be amended. This will need to be considered carefully in the light of whether or not the applications for the new status will be treated as applications for registration or as applications for a new passport.

22 February 1985

cc Mr Burrows

CONFIDENTIAL

Jeremy Hin

Jeremy Hill

Legal Advisers WH 228

233 3165

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