TNAG-1383-FCO40-1831-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 43

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1 AUG 1985

FM HONG KONG 31075OZ JUL 25

TO IMMEDIATE F CO

TELEGRAM NUMBER 1558 OF 31 JULY

INFO IMMEDIATE PEKING

FOR IP FROM MORTIMER

(300)

PA

PA

YOUR TELNO 1094 HONG KONG AGREEMENT : NATIONALITY ORDER

IN COUNCIL.

MY COMMENTS ON THE TEXT OF THE DRAFT ORDER IN COUNCIL ARE

(A) ARTICLE 2(1)(B)(11)

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(1) SINCE IT HAS BEEN RESOLVED IN ARTICLE 2(1)(A)(IV) THAT A PERSON ACQUIRES BRITISH DEPENDENT TERRITORIES CITIZENSHIP BY ADOPTION ONLY IF ONE ADOPTIVE PARENT IS A BDTC, THE REFERENCE TO ! 'ADOPTED IN HONG KONG IN THIS ARTICLE SEEMS MISLEADING. IT SHOULD PERHAPS BE MODIFIED ALONG THE LINES OF ARTICLE 2(1)(A)(IV): AND

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(11) THE PHRASE IN PARENTHESIS 1.E. WHETHER BEFORE OR AFTER THE BIRTH OF THE PERSON REGISTERED AS IT NOW STANDS SEEMS TO APPLY TO ALL THE FIVE POSSIBILITIES WHEN IN FACT IT IS IRRELEVANT TO BIRTH OR ADOPTION. SOME STYLISTIC AMENMENTS ARE PREFERABLE.

(E) SHOULD THE DATE OF THE ORDER MENTIONED IN ARTICLES 7(8) AND 7(9)(A) READ 1986 INSTEAD OF 1985?

2. IN THE COURSE OF PUBLICISING THE ORDER IN COUNCIL PROCEDURE FOR

PUBLIC SCRUTINY AND COMMENTS, IT MAY BE USEFUL TO EMPHASISE THAT

THIS IS ONLY A TECHNICAL MEASURE GIVING EFFECT TO THE PROVISIONS

OUTLINED IN THE UK MEMORANDUM ASSOCIATED WITH THE SINO-BRITISH JOINT DECLARATION AND PROVIDED FOR IN THE SCHEDULE TO THE HONG KONG ACT

1985.

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