TNAG-1382-FCO40-1830-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 95

(L) ARTICLE 3 WE SUGGEST THAT THIS ARTICLE BE AMENDED TO READ

AS FOLLOWS-

'3. (1) ANY PERSON WHO IMMEDIATELY BEFORE 1 JULY 1997 IS A BRITISH

DEPENDENT TERRITORIES CITIZEN BY VIRTUE OF HAVING A CONNECTION WITH

HONG KONG SHALL CEASE TO BE A BRITISH DEPENDENT TERRITORIES

CITIZEN WITH EFFECT FROM THAT DATE UNLESS IMMEDIATELY PRIOR THERETO

THAT PERSON HAS AN APPROPRIATE QUALIFYING CONNECTION WITH A

BRITISH DEPENDENT TERRITORY OTHER THAN HONG KONG.

(2) FOR THE PURPOSE OF THIS ARTICLE, A PERSON SHALL BE TAKEN TO HAVE

AN APPROPRIATE QUALIFYING CONNECTION WITH A DEPENDENT TERRITORY

IF

-

(A) HE WAS BORN THERE AND AT THE TIME OF HIS BIRTH EITHER OF HIS

PARENTS WAS SETTLED THERE : OR

(B) HIS PARENT OR GRANDPARENT WAS BORN THERE: OR

(C) HE, HIS PARENT OR GRANDPARENT, IS OR WAS A PERSON NATURALISED

OR REGISTERED THERE.'

^(M) ARTICLE 4(1) WE AGREE WITH HILL THAT SEPARATE BDTCS SHOULD

NOT BE ELIGIBLE TO APPLY FOR BN (0) STATUS AND WITH GRAINGER'S

ARGUMENT THAT THE WORDING OF ARTICLE 4 SHOULD BE

CLOSELY TIED WITH ARTICLE 3. ANOTHER POINT IS THAT AS WE HAVE SAID

IN PARA. 6(C) OF OUR TELNO 337, WE PREFER TO SET CUT-OFF DATES IN

A FEW YEARS' TIME WHEN THE DEMAND FOR BN (0) PASSPORTS WILL BE EASIER

TO ASSESS. WE THEREFORE SUGGEST THAT ARTICLE 4(1) BE RECAST TO

READ-

'ANY PERSON WHO IS A BRITISH DEPENDENT TERRITORIES CITIZEN BY VIRTURE

OF HIS HAVING A CONNECTION WITH HONG KONG AND WHO DOES NOT HAVE

AN APPROPRIATE QUALIFYING CONNECTION (AS DEFINED IN ARTICLE 3) WITH

A BRITISH DEPENDENT TERRITORY OTHER THAN HONG KONG SHALL BE

ENTITLED, ON AN APPLICATION MADE BEFORE THE SPECIFIED DATE TO BE

REGISTERED AS A BRITISH NATIONAL (OVERSEAS)'. IT FOLLOWS THAT

SOME PROVISION FOR IDENTIFYING CUT-OFF DATES AT A LATER STAGE WILL

HAVE TO BE MADE:

(N) ARTICLE 4(2) FOR THE REASON GIVEN IN PARA. 2(M) ABOVE,

WE SUGGEST THAT THIS PARA. BE DELETED.

-

(0) ARTICLE 5 THE WORDS 'WHOLLY OR PARTLY IN PARENTHESIS AND

'AS A DEPENDENT TERRITORY' IN SQUARE BRACKETS SEEM UNNECESSARY

AND CAN BE OMITTED:

(P) ARTICLE 6(1) ARTICLE 4(4) SHOULD READ ARTICLE 4(3):

4

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