TNAG-1383-FCO40-1831-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 153

CONFIDENTIAL

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REGISTRATION TO TAKE PLACE IN HONG KONG (EG WHILE A COUPLE WERE

THERE TEMPORARILY).

4. PARA 2(E) OF YOUR TELNO 681: WE HAVE OMITTED THE WORDS

'WHOLLY OR MAINLY' BUT HAVE INSERTED THE WORDS 'WHOLLY OR PARTLY'

IN THE OPENING WORDS OF ARTICLE 2(1)(B)(II) TO MAKE IT CLEAR THA

THE FOLLOWING SUB-PARAGRAPHS DO NOT NECESSARILY REFLECT THE

ENTIRE BASIS ON WHICH AN APPLICATION FOR REGISTRATION IS BASED.

5. PARA 2(J) OF YOUR TELNO 681: WE HAVE ACCEPTED YOUR AMENDMENT

BUT OMITTED THE WORD 'OTHERWISE'. THE PARENT MIGHT HIMSELF FALL

WITHIN ARTICLE 2(1)(E).

6. MIXED/SEPARATES (ARTICLE 2(3)): YOU WILL SEE THAT WE HAVE

ADOPTED AN EXCEPTION FROM LOSS CLAUSE (PARA 1(A) OF YOUR TELNO

681). AT THE MOMENT THIS ONLY COVERS THE CASE OF THE 'GIBRALTAR

TYPE COUPLE'. (A PERSON BORN IN HONG KONG WHILST HIS BDTC: OTHE

DEPENDENT TERRITORY PARENTS WERE THERE TEMPORARILY. WE HAVE

CONFINED THIS EXCEPTION TO PERSONS BORN ON OR AFTER 1 JANUARY

1983 BECAUSE PRIOR TO THAT DATE BIRTH ALONE IN HONG KONG WAS

SUFFICIENT TO CONFER CUKC STATUS, IRRESPECTIVE OF NATIONALITY OR

IMMIGRATION STATUS OF THE PARENTS. IT WOULD BE ALMOST IMPOSSIBL

TO ESTABLISH THE PARENTS' IMMIGRATION STATUS AT THE TIME OF BIRT

PRIOR TO 1 JANUARY 1983). WE SHALL NEED TO CONSIDER WHETHER

THERE ARE ANY OTHER CATEGORIES OF 'MIXEDS' WHO SHOULD ALSO BE

COVERED AND WILL BE SENDING YOU SEPARATELY A LIST OF POSSIBLE

'MIXEDS'. WE CANNOT EXPAND THE LIST TOO FAR OR WE WILL FACE

COMPLAINTS FROM THE CHINESE THAT WE ARE FAILING TO FULFIL OUR

SIDE OF THE EXCHANGE OF MEMORANDA.

7. ARTICLE 3 (PARA 2(L) OF YOUR TELNO 681): WE HAVE INCLUDED THE

WORDS 'WHOLLY OR PARTLY' TO ENSURE THAT MIXED BDTCS (OTHER THAN

THOSE SPECIFICALLY EXCEPTED) ARE COVERED. WE DO NOT CONSIDER IT

NECESSARY TO DEFINE A CONNECTION WITH ANOTHER DEPENDENT

TERRITORY. WE PREFER TO PUT THIS THE OTHER WAY ROUND, AND RELATE

THE ARTICLE TO THOSE PEOPLE WHO HAVE A CONNECTION WITH HONG KONG

AS ALREADY DEFINED IN THE DRDER. BY THIS MEANS, PERSONS WHO CAN

DEMONSTRATE A SEPARATE' CONNECTION WITH ANOTHER DEPENDENT

TERRITORY WILL AUTOMATICALLY BE EXCEPTED FROM LOSS OF BDTC

STATUS.

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CONFIDENTIAL