TNAG-1382-FCO40-1830-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 183

CONFIDENTIAL

C 5. Hong Kong have now pointed out to us that under Section 17(2) of

the BNA a second generation descendant born outside the dependent

155

There

is

territories to a BDTC otherwise than by descent is entitled to be

registered as a BDTC if that descendant is born stateless.

a similar provision under Section 3(2) of the B NA

descendants of British citizens. Hong Kong argue

in

respect of

that we should be

prepared to grant this right of transmissibility

for the

former BDTCs, who would enjoy this right but for

our view this is a strong argument.

to non-Chinese

agreement. In

We have put the point to Home Office officials, who are not

entirely convinced. They are inclined to argue that the provisions

6.

of the BNA apply to BC and BDTC status which are transmissible. BOC

status is not transmissible and SO no analogy can be drawn with

Section 17 of the BNA. However they are not totally dismissive, and I think that the Home Office might be induced to agree.

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to

would

7. Certainly, the argument they adduce will not be sufficient

convince Hong Kong. The difficulty is that we have already agreed

that the first generation born to non-Chinese former BDTCs (both

BN (0) s and BOCs) should become BOCs automatically if they

otherwise be stateless and it i s

not also provide for the second

"because BOC status is not

difficult to argue that we should

generation to acquire BOC status

transmissible".

for

I f it were not for the

to be BDTCs and enjoy the

transmit their nationality

two generations. There

is

agreement Hong Kong BDTCs would continue

right under Section 17 of the B NA to

under certain defined circumstances

therefore substance to the argument that we should provide for those

who would otherwise become stateless at least what they would have

had if they had become BDTCs.

him

8. Given that we can see no strong counter argument to Hong Kong's

proposal, I recommend that Mr Luce write to Mr Waddington in the

Home Office in the terms of

of the attached draft letter asking

to agree that the second generation should be treated as if they

putting forward a proposed three pronged defence

were BDTCs and

to

CONFIDENTIAL