TOP
743
141
DD 140030Z HONG KONG
GRS 471
CONFIDENTIAL
DESKBY 140030Z
FM FCO 1312152 FEB 85
TO IMMEDIATE HONG KONG
CONFIDENTIAL
6450
2
ник HKK 0404
15 FEB 1935
TELEGRAM NUMBER 258 OF 13 FEBRUARY
IMOL
MIPT: HONG KONG AGREEMENT: NATIONALITY ORDER IN COUNCIL
FOLLOWING IS EMERY (HOME OFFICE)'S LETTER OF 4 FEBRUARY TO
HOARE: BEGINS
1.
HONG KONG: DRAFT ORDER IN COUNCIL
I ATTACH TWO COPIES OF A FURTHER DRAFT ORDER IN COUNCIL ON
WHICH WE SHOULD BE GRATEFUL FOR YOUR AND HONG KONG'S COMMENTS.
YOU WILL SEE THAT THE PROVISIONS FOR DEALING WITH THE BRITISH
NATIONALITY ACT 1981 ARE NO LONGER IN A SCHEDULE. TAKING INTO
ACCOUNT COMMENTS MADE DURING THE SECOND READING DEBATE WE THINK
THAT TO PUT THEM ON A SCHEDULE COULD GIVE RISE TO COMPLAINTS
THAT NOT ONLY ARE WE RELEGATING THE BNA MATERIAL TO AN ORDER IN
COUNCIL, BUT THAT WE WERE FURTHER RELEGATING IT TO THE SMALL
PRINT OF THE ORDER.
WE ARE NOT YET CONVINCED THAT IT WOULD NOT BE APPROPRIATE TO
USE THE HONG KONG IMMIGRATION ORDINANCE AS THE BASIS FOR
DETERMINING A CONNECTION WITH HONG KONG. HOWEVER, IN CASE THIS
PROVES IMPOSSIBLE, WE HAVE REDRAFTED SCHEDULE 1 ON THE LINES
PROPOSED BY YOUR LEGAL ADVISERS. I MUST EMPHASISE THAT THIS IS
ONLY A FIRST SHOT, SIMPLY TO GIVE THE FLAVOUR OF WHAT IT MIGHT
LOOK LIKE IF WE HAVE TO PROCEED IN THIS WAY.
CA
THIS RAISES ANOTHER POINT. ALTHOUGH I SAID IN MY LETTER OF
31 JANUARY THAT WE WERE OF THE VIEW THAT 'MIXED' BDTCS SHOULD NOT BE EXCLUDED FROM LOSS, WE CAN IMAGINE SOME CIRCUMSTANCES WHERE
THIS MIGHT BE REGARDED AS INEQUITABLE. ONE EXAMPLE IS THAT OF
A CHILD BORN IN HONG KONG TO GIBRALTESE PARENTS WHILE THEY
WERE THERE, SAY, ON HOLIDAY. SUCH A PERSON, EVEN IF HE LEFT HONG
KONQ WITHIN WEEKS OF THE BIRH, AND NEVER WENT BACK THERE AGAIN,
WOULD LOSE BDTC BY DEFINITION AND IN ACCORDANCE WITH THE POLICY
ON MIXED' BDTCS. BUT THIS EFFECT WAS CLEARLY NOT INTENDED WHEN
1
CONFIDENTIAL
No comments yet.
Private notes are available after approval.