TNAG-1383-FCO40-1831-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 224

Gr8500 CONFIDENTIAL

CONFIDENTIAL

FM HONG KONG 020842Z JUL 35

TO IMMEDIATE FCO

TELEGRAM NUMBER 1328 OF 2 JULY

INFO IMMEDIATE PEKING

229

(230)

HkKO40/4. for

PEKING TELNO 958 AND YOUR TELNO 878: HONG KONG AGREEMENT:

RIGHT OF ABODE.

1. WITH REGARD TO THE FIRST ISSUE RAISED IN PARA 1(A) OF OUR

TELNO 1222, OUR VIEW REMAINS THAT WE SHOULD AIM AT SOME STAGE TO HAVE DISCUSSIONS WITH THE PRCG REGARDING THE PROVISION, FOR

CHILDREN BORN OUTSIDE HONG KONG OF CHINESE PARENTS BORN OR

SETTLED IN HONG KONG, TO HAVE THE RIGHT OF ABODE IN THE HONG KONG

SAR. THE OBJECT WOULD BE

(A) TO SECURE THEIR CONFIRMATION THAT OUR INTERPRETATION OF THE

PROVISION, AS SET OUT IN PARA 9 OF DRAFT EXCO MEMORANDUM IN

OUR TELNO 1100, IS CORRECT: AND

1209

(B) TO ADVISE THEM OF THE IMPLICATIONS IN TERMS OF THE IMMIGRATION

COMMITMENT FOR THE HONG KONG SAR EVEN IF THE INTERPRETATION

AT (A) IS CORRECT.

Reply

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2. WE CONSIDER IT UNLIKELY THAT THE PRCG INTENDED TO GIVE CHILDREN,

BORN ON THE CHINESE MAINLAND TO PARENTS ONLY ONE OF WHOM HAD THE

RIGHT OF ABODE IN HONG KONG, THE RIGHT OF ABODE IN THE HONG KONG

SAR. TO DO SO WOULD BE CONTRARY TO PARA 4 OF SECTION XIV OF ANNEX I

WHICH PROVIDES THAT ENTRY INTO THE HONG KONG SPECIAL ADMINISTRAT-

IVE REGION OF PERSONS FROM OTHER PARTS OF CHINA SHALL CONTINUE TO

BE REGULATED IN ACCORDANCE WITH THE PRESENT PRACTICE'. THE PROVISION

IN THE LAST PART OF SUB-PARA 1 OF PARA 1 OF SECTION XIV WAS ADDED

FAIRLY LATE IN THE DAY, AT OUR SUGGESTION, TO ENSURE THAT CHILDREN, BORN OUTSIDE HONG KONG AFTER 30 JUNE 1997 TO CHINESE NATIONALS BOTH

OF WHOM HAD THE RIGHT OF ABODE IN HONG KONG, WOULD HAVE THE RIGHT

OF ABODE IN THE HONG KONG SAR (OUR TELNO 984 OF 7.9.84 TO PEKING

AND OUR TELNO 2709 OF THE SAME DATE TO YOU REFER). THIS INTENTION

WAS ALSO EVIDENT FROM THE BRITISH SIDE'S PRESENTATION OF THE POINT

TO THE CHINESE SIDE, RECORDED IN PARAS 4(B) AND 5 OF PEKING TELNO

2225 OF 10.9.84 TO YOU.

3. AS WE SAID IN PARA 1(A) OF OUR TELNO 1222, IF CHILDREN BORN ON THE MAINLAND TO PARENTS ONLY ONE OF WHOM HAS THE RIGHT OF ABODE

IN HONG KONG, HAVE THE RIGHT OF ABODE IN THE HONG KONG SAR, THE IMMIGRATION COMMITMENT COULD BE CONSIDERABLE. WE WOULD WISH TO APPRISE THE PROG OF THIS IMPLICATION. IF THEY CONCURRED WITH US

THAT THE LOOPHOLE SHOULD BE PLUGGED (WHICH IS NOT UNLIKELY AS THE PRCG HAVE ALWAYS ADOPTED A HELPFUL AND SYMPATHETIC APPROACH TOWARDS SOLVING HONG KONG'S IMMIGRATION PROBLEMS), WE WOULD SEEK TO WORK OUT SOME ADMINISTRATIVE MEASURES TO OVERCOME IT, OR TO AGREE ON AN INTERPRETATION TO THE EFFECT THAT A CHILD BORN ON

THE MAINLAND TO CHINESE PARENTS WITH THE RIGHT OF ABODE IN HONG KONG WOULD ONLY HAVE THE RIGHT OF ABODE IN THE HONG KONG SAR IF

BOTH PARENTS HAD THE RIGHT OF ABODE IN HONG KONG AT THE TIME OF

THE BIRTH OF THE CHILD. CONTIDENTIAL

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