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DD 13010OZ HONG KONG
GRS 822
CONFIDENTIAL
DESKBY 130100Z
FM FCO 120945Z FEBRUARY 85
TO IMMEDIATE HONG KONG
CONFIDENTIAL
137
6193 1
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HKK 040/4
RECEIVED IN REGISTRY
12 FEB 1985
VER
PA
✓
REGRY Action Taken
W
TELEGRAM NUMBER 252 OF 12 FEB
INFO IMMEDIATE PEKING
YOUR TELEGRAM NUMBER 280 : TRANSMISSIBILITY OF BOC STATUS
1.
AS YOU KNOW MR LUCE SAID DURING THE COMMITTEE STAGE DEBATE
ON 6 FEBRUARY THAT WE WERE URGENTLY EXAMINING THE QUESTION OF
POSSIBLE STATELESSNESS AMONG THE SECOND AND SUBSEQUENT
GENERATIONS BORN AFTER 1997 TO NON-CHINESE FORMER BDTCS. WE HAVE
HAD SOME PRELIMINARY DISCUSSIONS WITH HOME OFFICE OFFICIALS: THE
NEXT STAGE WILL BE TO SUBMIT PROPOSALS TO FCO MINISTERS AND FOR
THEM TO CONSULT THEIR HOME OFFICE COLLEAGUES. BEFORE WE SUBMIT
WE SHOULD BE GRATEFUL TO HAVE ANY FURTHER VIEWS YOU MAY HAVE: THE
FOLLOWING REPRESENTS OUR ASSESSMENT OF THE POSITION.
2. WE SEE NO CHANCE THAT MINISTERS WILL BE WILLING TO GIVE A
GENERAL RIGHT OF ABODE IN THE UK TO NON-CHINESE BDTCS, AS REQUESTED IN THE HARILELA PETITION (TO WHICH A REPLY, NEGATIVE ON THIS POINT, IS IN THE BAG). WE ALSO SEE VERY LITTLE CHANCE
THAT MINISTERS WOULD BE PREPARED TO COUNTENANCE THE INDEFINITE
TRANSMISSIBILITY OF BOC STATUS TO CHILDREN OF BOCS IN HONG KONG
WHO WOULD OTHERWISE BE STATELESS. NOR DO WE THINK THEY WILL WISH
TO EXTEND THIS TO ONE MORE GENERATION, AS SUGGESTED IN EXCO (IT
WOULD BE DIFFICULT IN ANY CASE TO JUSTIFY DRAWING A DIVIDING LINE
AFTER THE SECOND GENERATION). THE MAIN REASON FOR THIS STANCE IS
THAT INDEFINITE TRANSMISSIBILITY WOULD UNDERMINE THE WHOLE BASIS
OF THE BRITISH NATIONALITY ACT, ONE PURPOSE OF WHICH WAS TO AVOID
PERPETUATING LONG STANDING COMMUNITIES OF BRITISH NATIONALS
ABROAD WITH LITTLE OR NO CONNECTION WITH THE UNITED KINGDOM OR A
BRITISH DEPENDANT TERRITORY.
IN GENERAL WE THINK THAT MINISTERS ARE LIKELY TO TAKE THE
VIEW THAT PERSONS WHO HAVE BEEN PERMANENTLY SETTLED IN WHAT WILL
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