TNAG-1383-FCO40-1831-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 59

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CLASSIFIED AS COMMONWEALTH CITIZENS AND BEING GRANTED ALL THE

RIGHTS AND DUTIES ATTACHING TO COMMONWEALTH CITIZENSHIP.

C) ADOPTION. AFTER LENGTHY DISCUSSION THE HOME OFFICE AGREED

THAT PROVISION SHOULD BE MADE FOR A DEFINITION OF THE ROUTE TO

BDTCSHIP BY ADOPTION ALONG THE LINES OF THE FORMULA SUGGESTED IN

OUR TELNO 1533 TO BE INCLUDED IN THE ORDER.

D) REGISTRATION. AFTER DISCUSSION OF THE FORMULA FOR REGISTRATION

SUGGESTED IN OUR TELNO 1413 AND OF WHETHER REGISTRATION IN

HONG KONG PROVIDES IN ITSELF A SUFFICIENT CONNECTION WITH HONG

KONG, HOME OFFICE OFFICIALS TOOK OUR POINT ABOUT THE DANGER OF

CUTTING OFF PERSONS WHO ARE BDTCS BY VIRTUE OF REGISTRATION IN

HONG KONG BUT WHO NOW HAVE NO SUBSISTING LINKS IN HONG KONG, SUCH

AS ALIEN WOMEN MARRIED TO CUKCS BY VIRTUE OF A CONNECTION WITH

ANOTHER DEPENDENT TERRITORY AND REGISTERED UNDER SECTION 6(2) OF

THE 1948 ACT. IT IS ENTIRELY POSSIBLE THAT THESE WOMEN MAY HAVE

LEFT HONG KONG TO LIVE IN A FOREIGN COUNTRY AFTER THEIR

REGISTRATION IN HONG KONG, AND THUS COULD HAVE NO WAY BACK TO

BDTCSHIP. HOME OFFICE DID NOT THINK, HOWEVER, THAT THEY COULD

PROVIDE FOR EXCEPTING FROM LOSS SUCH OR SIMILAR CASES WITHOUT

DEROGATING FROM THE GENERAL PROPOSITION THAT IT IS THE ORIGINAL

LINK WITH HONG KONG RATHER THAN THE SUBSISTING LINK THAT MATTERS.

RECOGNISING THAT THE POSSIBILITY OF CUTTING OFF SUCH CASES WOULD

NOT CAUSE ANY PRACTICAL PROBLEMS TO THE BULK OF HONG KONG BDTCS,

AND IN ORDER NOT TO DISRUPT THE PUBLICLY STATED TIMETABLE OF

ENACTING THE ORDER BY APRIL 1986 (SEE PARA 2 BELOW), WE RECOMMEND

THAT THE HOME OFFICE'S FORMULA BE ACCEPTED.

E)

ALLOWING SEPARATES TO APPLY FOR BN(0) STATUS. GIVEN THAT

SEPARATES DO NOT CEASE TO BE BDTCS ON 1 JULY 1997, HOME OFFICE

ACCEPTED OUR VIEW THAT THEY SHOULD NOT BE ALLOWED TO APPLY FOR

BN(0) STATUS. A NEW POINT EMERGED IN THE COURSE OF THE

DISCUSSION, HOWEVER, IN RELATION TO PERSONS WHO HAVE THE DUAL

STATUS OF BCS AND BDTCS (HONG KONG). THE HOME OFFICE'S VIEW WAS

THAT SUCH PERSONS SHOULD BE ALLOWED TO APPLY FOR BN(0) STATUS AND

THAT TO MAKE NO PROVISION FOR THIS WOULD GO AGAINST THE VIRES OF

THE ACT AND WOULD BE DIFFICULT TO DEFEND IN PARLIAMENT. WE

POINTED OUT THAT IT WOULD BE MOST UNLIKELY THAT SUCH A PERSON

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