CONFIDENTIAL
TOP COPY
29906 1
—
PP HONG KONG
GRS 2093
CONFIDENTIAL
FM FCO 031235Z JULY 85
TO PRIORITY HONG KONG
TELEGRAM NUMBER 950 OF 4 JULY
INFO PRIORITY PEKING
MIPT: NATIONALITY ORDER IN COUNCIL
4KK 040/4
RECEIVED IN REGISTAY
- 5 JUL 1985
DESK OFFICER
INDEX
PA
IPA
REGISTRY
FOLLOWING IS TEXT OF A COMMENTARY ON THE DRAFT ORDER IN COUNCIL:
BEGINS
INTRODUCTION
1 .. THE PURPOSE OF THE ORDER IS TO IMPLEMENT THE NATIONALITY
PROVISIONS OF PARAGRAPH 2 OF THE SCHEDULE TO THE HONG KONG ACT
1985.
CONNECTIONS WITH HONG KONG
2. ARTICLES 2 AND 3 OF THE ORDER DEAL WITH THE PROVISIONS OF
PARAGRAPH 2(1)(A) OF THE SCHEDULE TO THE ACT.
3. ARTICLE 2(1) SETS OUT IN A GENERALISED FORMULA THOSE PERSONS
WHO ARE DEEMED TO HAVE A CONNECTION WITH HONG KONG FOR THE
PURPOSES OF THE DRDER. IT IS DESIGNED TO ENCOMPASS ALL THOSE
CATEGORIES OF PEOPLE LISTED IN ANNEX 1: THAT ANNEX IN TURN
FOLLOWS CLOSELY THE CURRENT (IE UNAMENDED) DEFINITIONS OF 'HONG
KONG BELONGER' IN THE HONG KONG IMMIGRATION ORDINANCE.
4.
ARTICLE 2(1)(A) ASSUMES BIRTH, ADOPTION, NATURALISATION OR
REGISTRATION IN HONG KONG TO BE A SUFFICIENT CONNECTION IN
ITSELF. VIRTUALLY ALL SUCH PERSONS ARE INCLUDED IN THE HONG KONG
IMMIGRATION ORDINANCE AS HONG KONG BELONGERS, AND MAY THEREFORE
BY DEFINITION BE REGARDED AS BDTCS BY VIRTUE OF A CONNECTION WITH
HONG KONG. ARTICLE 2(1)(A)(I) READ WITH ARTICLE 2(3) IS FRAMED
SO AS TO EXCLUDE BIRTH IN HONG KONG ON OR AFTER 1 JULY 1983
WHERE NEITHER PARENT IS SETTLED. SEE ALSO THE COMMENTARY ON
ARTICLE 2(3).
5. ARTICLE 2(1)(B) IS CONCERNED WITH PEOPLE REGISTERED, BUT NOT
NATURALISED, OUTSIDE HONG KONG. NATURALISATION OUTSIDE HONG KONG
HAS BEEN EXCLUDED BECAUSE, GENERALLY SPEAKING, NATURALISATION IN
ANY DEPENDENT TERRITORY IS BASED ON QUALIFYING RESIDENCE OR
1
CONFIDENTIAL
1256
No comments yet.
Private notes are available after approval.