TNAG-1382-FCO40-1830-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 213

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CONFIDENTIAL

IT IS AGREED THAT NO FEES SHOULD BE CHARGED ON REGISTRATION AS BN(O), THESE PROVISIONS SHOULD ALSO DISPENSE WITH THE PAYMENT OF FEES ON REGISTRATION UNDER SECTION 42(1)(B)(I).

WE HAVE DOUBTS ABOUT THE PROPOSAL TO (G) SCHEDULE 2, PARA 4(B)

INCLUDE 3N(0) IN THE DEFINITION OF COMMONWEALTH CITIZEN''.

PARTICULARLY THE CHINESE ARE LIKELY TO BE SENSITIVE ABOUT THIS, SINCE THE CONCEPT OF COMMONWEALTH CITIZENSHIP HAS, AS FAR AS WE CAN RECALL, NOT (NOT) BEEN EXPLAINED TO THEM AT ANY STAGE DURING THE NEGOTIATIONS. OUR PRELIMINARY RESEARCH INDICATES THAT THE PRACTICAL SIGNIFICANCE OF COMMONWEALTH CITIZENSHIP LIES MAINLY IN SECTION 39(2) OF THE BNA 1981, WHICH AMENDED THE IMMIGRATION ACT 1971. THERE ARE ALSO SOME REFERENCES TO COMMONWEALTH CITIZENSHIP IN SCHEDULE 7 TO THE BNA 1981 (CONSEQUENTIAL AMENDMENTS TO VARIOUS ACTS). IT WOULD PROBABLY BE BETTER FOR BN (0) TO BE SPECIFIED, WHERE APPROPRIATE, THAN FOR IT TO BE INCLUDED IN THE COMPOSITE CATEGORY OF COMMONWEALTH CITIZENSHIP. WE SHALL NEED TO LOOK INTO THIS IN GREATER DETAIL BUT WOULD APPRECIATE YOUR ADVICE ON THE PRACTICAL SIGNIFICANCE OF COMMONWEALTH CITIZENSHIP UNDER UK LAW.

YOUDE

HONG KONG AGREEMENT: NATIONALITY.

LIMITED

HD/HKD

HD/FED

HD/NTD

RESEARCH DEPT.(MR WALKER)

PS

PS/MR LUCE

PS/LADY YOUNG

PS/PUS

SIR W HARDING

MR WILSON

COPIES TO:

MR ROBERTS, NEWS DEPT.

MR BURROWS, LEGAL ADVISERS

MR GRAINGER, LEGAL ADVISERS

MR HYDE, HOME OFFICE

MR NICHOLSON, PASSPORT DEPT, HOM.

OFFICE.

MR EMERY, B4 DIV, HOME OFFICE,

4

CONFIDENTIAL

CROYDON.