TNAG-1383-FCO40-1831-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 197

(L) ARTICLE 3 WE SUGGEST THAT THIS ARTICLE BE AMENDED TO READ

AS FOLLOWS-

'3. (1) ANY PERSON WHO IMMEDIATELY BEFORE 1 JULY 1997 IS A BRITISH

DEPENDENT TERRITORIES CITIZEN BY VIRTUE OF HAVING A CONNECTION WITH

HONG KONG SHALL CEASE TO BE A BRITISH DEPENDENT TERRITORIES

CITIZEN WITH EFFECT FROM THAT DATE UNLESS IMMEDIATELY PRIOR THERETO

THAT PERSON HAS AN APPROPRIATE QUALIFYING CONNECTION WITH A

BRITISH DEPENDENT TERRITORY OTHER THAN HONG KONG.

(2) FOR THE PURPOSE OF THIS ARTICLE, A PERSON SHALL BE TAKEN TO HAVE AN APPROPRIATE QUALIFYING CONNECTION WITH A DEPENDENT TERRITORY

IF

-

(A) HE WAS BORN THERE AND AT THE TIME OF HIS BIRTH EITHER OF HIS PARENTS WAS SETTLED THERE : OR

(B) HIS PARENT OR GRANDPARENT WAS BORN THERE: OR

(C) HE, HIS PARENT OR GRANDPARENT, IS OR WAS A PERSON NATURALISED OR REGISTERED THERE.'

(M) ARTICLE 4(1) WE AGREE WITH HILL THAT 'SEPARATE BDTCS SHOULD NOT BE ELIGIBLE TO APPLY FOR BN (0) STATUS AND WITH GRAINGER'S ARGUMENT THAT THE WORDING OF ARTICLE 4 SHOULD BE

CLOSELY TIED WITH ARTICLE 3. ANOTHER POINT IS THAT AS WE HAVE SAID IN PARA. 6(C) OF OUR TEL NO 337, WE PREFER TO SET CUT-OFF DATES IN

A FEW YEARS' TIME WHEN THE DEMAND FOR BN (0) PASSPORTS WILL BE EASIER TO ASSESS. WE THEREFORE SUGGEST THAT ARTICLE 4(1) BE RECAST TO

READ-

'ANY PERSON WHO IS A BRITISH DEPENDENT TERRITORIES CITIZEN BY VIRTURE OF HIS HAVING A CONNECTION WITH HONG KONG AND WHO DOES NOT HAVE

AN APPROPRIATE QUALIFYING CONNECTION (AS DEFINED IN ARTICLE 3) WITH

A BRITISH DEPENDENT TERRITORY OTHER THAN HONG KONG SHALL BE ENTITLED, ON AN APPLICATION MADE BEFORE THE SPECIFIED DATE TO BE REGISTERED AS A BRITISH NATIONAL (OVERSEAS)'. IT FOLLOWS THAT SOME PROVISION FOR IDENTIFYING CUT-OFF DATES AT A LATER STAGE WILL

HAVE TO BE MADE:

(N) ARTICLE 4(2) FOR THE REASON GIVEN IN PARA. 2(M) ABOVE, WE SUGGEST THAT THIS PARA. BE DELETED.

(0) ARTICLE 5 THE WORDS 'WHOLLY OR PARTLY IN PARENTHESIS AND 'AS A DEPENDENT TERRITORY' IN SQUARE BRACKETS SEEM UNNECESSARY

AND CAN BE OMITTED:

(P) ARTICLE 6(1) ARTICLE 4(4) SHOULD READ ARTICLE 4(3):

4

CONFIDENTIAL

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