TNAG-1383-FCO40-1831-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 154

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8. ARTICLE 4(2) (PARA 2(M) OF YOUR TELNO 681): WE AND THE HOME

OFFICE BELIEVE THAT SEPARATES SHOULD BE ALLOWED TO APPLY FOR

BN(0) STATUS. SOME SEPARATES MAY WELL FEEL THAT THEY HAVE A

STRONG CONNECTION WITH HONG KONG AND WISH TO OBTAIN BN(0) STATUS.

INDEED PARA 2(1)(B) OF THE SCHEDULE TO THE HONG KONG ACT

SUGGESTS THAT SEPARATES MAY BE LEGALLY ENTITLED TO APPLY FOR

BN(0). SEPARATES WILL BE BDTCS BY VIRTUE OF A CONNECTION WITH HONG KONG, AND SO WILL COME WITH THE TERMS OF THAT PARA. MIXEDS

WHO ARE EXCEPTED FROM LOSS UNDER ARTICLE 2(3) CANNOT HOWEVER

ENJOY THIS RIGHT, AS BY DEFINITION WE WILL HAVE DECIDED THAT THEY

DO NOT HAVE A CONNECTION WITH HONG KONG FOR THE PURPOSES OF THE

ACT.

9.

COMMONWEALTH CITIZENSHIP (ARTICLE 7(3)): COMMONWEALTH

CITIZENSHIP CARRIES WITH IT A LARGE NUMBER OF RIGHTS AND

ENTITLEMENTS THAT WE DO NOT THINK BN (0)S WOULD WISH TO LOSE,

INCLUDING THE RIGHT TO VOTE AND BE A UK CIVIL SERVANT, AS WELL AS

RIGHTS IN OTHER COMMONWEALTH COUNTRIES INCLUDING CANADA AND

AUSTRALIA. INDEED, IF BN(O) IS TO BE A FORM OF BRITISH

NATIONALITY IT IS RIGHT THAT IT SHOULD CARRY WITH IT COMMONWEALTH

CITIZENSHIP, AS DO ALL OTHER FORMS OF BRITISH NATIONALITY

INCLUDING BOC. WE HAVE CONSIDERED WHETHER IT WOULD BE POSSIBLE

TO DISGUISE THE FACT THAT BN(0)S WOULD BE ACQUIRING COMMONWEALTH CITIZENSHIP IN THE ORDER IN COUNCIL, OR WHETHER IT WOULD BE

POSSIBLE TO GIVE THEM MOST OF THE IMPORTANT RIGHTS WITHOUT THE

STATUS. HOWEVER IT WOULD BE NECESSARY TO EXPLAIN TO PARLIAMENT

WHAT WE WERE DOING EVEN IF IT WERE DISGUISED IN THE ORDER,

POSSIBLY GIVING MORE PUBLICITY TO THE FACT THAT THEY WERE

COMMONWEALTH CITIZENS THAN IF IT WERE CLEARLY STATED ON THE FACE

OF THE ORDER. SUBJECT TO YOUR AND PEKING'S VIEWS, WE WOULD

THEREFORE PREFER TO MAINTAIN THE WORDING IN ARTICLE 7 OF THE

ORDER AND IF THE QUESTION WAS RAISED EXPLAIN TO THE CHINESE THAT

THIS IS NO WAY IMPLIES THAT HONG KONG AS A TERRITORY IS PART OF

THE COMMONWEALTH. IT IS SIMPLY A STATUS THAT GOES WITH ALL FORMS

OF BRITISH NATIONALITY.

10.

CUT OFF DATES: WE AGREE WE SHOULD LEAVE THESE TO A SEPARATE

ORDER IN COUNCIL, ALTHOUGH MINISTERS MAY NEED TO MENTION OUR

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CONFIDENTIAL