TNAG-1383-FCO40-1831-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 179

CONFIDENTIAL

DRAFT HONG KONG (BRITISH NATIONALITY) ORDER 1985: COMMENTARY

Introduction

The purpose of the Order is to implement the nationality provisions

of paragraph 2 of the Schedule to the Hong Kong Act 1985.

1.

Connections with Hong Kong

Articles 2, and 3 of the Order deal with the provisions of paragraph

2(1)(a) of the Schedule to the Act.

2.

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

Order. 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.

For convenience the serial numbers in the list annexed are shown against

their appropriate definitions in the generalised formula.

4.

Virtually

Article 2(1)(a) assumes birth, adoption, naturalisation or

registration in Hong Kong to be a sufficient connection in itself.

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 January 1983 where neither parent is settled (as proposed in Mr Hyde's

letter to Mr Galsworthy of 3 May). 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 service in that territory.

Under the BNA 1948 this was fairly clear and was set out in paragraph 4 of

the second Schedule. The position is not so clear cut under the BNA 1981,

but instructions to Governors promulgated on this subject by NTD generally

require naturalistation as a BDTC to take place in the dependent territory

in which the qualifying residence or service was undertaken. It is

conceivable, though rather fanciful, that a person may have been