CONFIDENTIAL
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LIAISON GROUP. OUR OBJECTIVE IN SUCH DISCUSSIONS WOULD BE
TO GET THE CHINESE TO MAKE A PUBLIC STATEMENT THAT THEY WOULD
TAKE A FAVOURABLE VIEW OF APPLICATIONS FROM CHILDREN OF BOCS PERMANENTLY SETTLED IN HONG KONG. WE DOUBT IF IT WOULD BE FEASIBLE TO AGREE ON ANY AUTOMATIC MECHANIMM, GIVEN THE TERMS OF THE CHINESE NATIONALITY LAW.
8.
(B) IS CONSIDERABLY MORE DIFFICULT. A DISCRETIONARY POWER TO GRANT BOC STATUS TO MINORS DOES EXIST UNDER SECTION 27(1) OF THE BNA, BUT AS WAS MADE CLEAR IN THE DEBATE DURING THE PASSAGE OF THE ACT, THIS WILL BE VERY RARELY EXERCISED AND IS INTENDED FOR
CASES WHERE THERE ARE EXCEPTIONAL COMPASSIONATE CIRCUMSTANCES
THAT GIVE RISE TO HARDSHIP. MINISTERS ARE LIKELY TO BE WARY OF
MAKING ANY SPECIFIC PUBLIC COMMITMENT TO GO FURTHER THAN THAT IN
THE CASE OF HONG KONG. WE IN THE FCO THINK NEVERTHELESS THAT WE
SHOULD TRY TO GET AGREEMENT ON A STATEMENT THAT IN CASES WHERE IT
PROVED GENUINELY IMPOSSIBLE FOR THE SECOND GENERATION CHILDREN OF BOCS BORN IN HONG KONG TO OBTAIN CHINESE NATIONALITY, AND HARDSHIP RESULTED, THERE WOULD BE A STRONG CASE FOR MINISTERS OF THE DAY TO CONSIDER USING THEIR DISCRETINONARY POWERS UNDER THE SECTION.
HOWE
HONG KONG AGREEMENT
-!
LIMITED
HD/HKD
HD/FED
HD/PLANNING STAFF
HD/PUSD
DEP HD/PUSD
RESEARCH DEPT (MR WALKER)
PS
PS/MR LUCE
PS/PUS
SIR W HARDING
MR WILSON
SIR J FREELAND
MR J CROWLEY, PUSD
COPIES TO:(VIA ADR)
MR ROBERTS, NEWS DEPT
MR FIFOOT. LEGAL ADVISERS
MR BURROWS, LEGAL ADVISERS
MR MARTIN, ASST STAFF CABINET
OFFICE
MR CARTLEDGE. CABINET OFFICE MR DRC CHRISTOPHER. CABINET OFF.
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