TNAG-1383-FCO40-1831-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 135

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ensure that all BDTCs have the right of abode in the dependent

connection with which they derive their BDTC

were deprived of this right before 1 July

territory from a

status, if they

1997.

4.

If this

this is accepted

a

complication arises: Ministers have said

(eg Lady Young in the Lords debate on the Hong Kong Bill) that there

will be a reference to a holder's right of abode in Hong Kong (or the Hong Kong SAR) in BN(O) passports. This cannot logically be so,

insofar as the Hong Kong SAR is concerned, in the case of BN (O) s without a right of abode in the SAR. If questioned in Parliament,

we believe Ministers should say that naturally they were only

referring, in the case of the SAR, to those who would have a right

of abode there.

It would be absurd to suggest that such an

endorsement could be given to people who do not have a right of

abode in the SAR. As for how to endorse the passport of such

person, we and the Home Office believe that it could be stated that

the holder has the right of abode in Hong Kong up to 1 July 1997.

If the holder were subsequently to fulfil the seven years' residence

qualification ог to lose the right of abode elsewhere, he or she

could have a new endorsement entered which would state without

qualification his or her right of abode in Hong Kong and in the Hong

Kong SAR. In practice I am not sure how much of a problem this

will be: in the case of BN(O) s who apply for Hong Kong identity cards and/or passports, I doubt whether we shall expend much effort

seeking to prove that they are not eligible because they have right

of abode elsewhere.

A

5.

All of the above is set out in the attached draft telegram to

Hon Kong, by way of comment on an EXCO memorandum which first drew

the problem to our

before it issued.

attention.

Jeh_ser for despeton. Twister should be connulled || before final decisions are

آهاری

made.

9 July 1985

I thought you should see the telegram

Гражий

AC Galsworthy

Hong Kong Department

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