TNAG-1383-FCO40-1831-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 92

HKK 040/4

RECE

TRY

24 JUL 1985

DEVKI

INDEN

TO IMMEDIATE F C O

INFO IMMEDIATE PEKING

GR 2200

CONFIDENTIAL

DESKEY 2503000

FM HONG KONG 2405437 JUL 35

TELEGRAM NUMBER 1512 OF 24 JULY

247 248 255 256

260

(267

(273

258

TOP COPY

YOUR TELSNOS 947-951, 973, 1058 AND 1059, OUR TELNO 1380 AND

EKING TELNO 1053 : NATIONALITY ORDER IN COUNCIL.

ME-TABLE FOR STEERING THE ORDER THROUGH PARLIAMENT (PARA. 3 OF RST TUR). IN YOUR TELNO 31 YOU INVISAGED THE ORDER TO BE TAKEN ON THE FLOOR OF THE HOUSE. BUT AS ORDER IN COUNCIL PROCEDURES, EVEN

THE CASE WHERE THE HOUSE DIVIDES, ARE CONSIDERABLY SHORTER THAN THOSE FOR BILLS, WE ARE SURPRISED THAT THE ORDER HAS TO BE PUT DOWN FOR A FIRST DEBATE IN LATE OCTOBER FOR IT TO BE IN PLACE BY

APRIL 1986. WE SHOULD BE GRATEFUL FOR MORE DETAILS ON THE ENVISAGED TIME-TABLE, ESPECIALLY THE EXPECTED DATE OF PUBLICATION OF THE DRAFT ORDER, SO THAT WE CAN WORK OUT THE TIME AVAILABLE FOR PUBLIC BRIEFING AND CONSULTATION IN HONG KONG.

2. DRAFT ORDER IN COUNCIL (YOUR SECOND TUR). MY FIRST IFT CONTAINS A REVISED DRAFT ORDER UP TO AND INCLUDING ARTICLE 3, ARTICLE 4(2) AND A NEW ARTICLE 6A (TO MEET THE POINTS IN SUB-PARA. (N) BELOW). OUR COMMENTS ON YOUR DRAFT ORDER AS FOLLOWS:

(A) ARTICLE 1(2) AND (3).

ORDER FOLLOWS THAT OF THE

OF THE 1981 ACT.

WE ASSUME THAT THE EXTENT OF THE

1981 ACT AS PROVIDED FOR UNDER SECTION 53

(B) ARTICLE 2(1)(A)(1).

WE ARE CONTENT WITH THIS PROVISION BUT WISH TO POINT OUT THAT, ALTHOUGH THE EXCEPTION TO LOSS CLAUSE IN ARTICLE 2(3) SOLVES MOST OF THE PROBLEMS, A CHILD BORN PURELY FORTUITOUSLY IN HONG KONG DEFORE 1 JANUARY 1983 WHO HAS A PARENT

OR A GRANDPARENT (OTHER THAN A FATHER) BORN, NATURALISED OR

REGISTERED IN ANOTHER DEPENDENT TERRITORY WOULD NOT BE SAVED BY

ARTICLE 2(3).

(C) ARTICLE 2(1)(A)( 11). WE DO NOT (NOT) AGREE THAT AN ADOPTION ORDER MADE BY A HONG KONG COURT ESTABLISHES IN ITSELF A SUFFICIENT

CONNECTION WITH HONG KONG. IT DOES NOT APPEAR THAT AN ADOPTION ORDER MADE BY A UK COURT ESTABLISHES IN ITSELF A SUFFICIENT CONNECTION WITH THE UNITED KINGDOM TO CAUSE A CHILD TO ACQUIRE BRITISH CITIZENSHIP UNDER SECTION 1(5) OF THE 1981 ACT. IN ACCORDANCE WITH THIS PROVISION, A CHILD ACQUIRES BRITISH CITIZENSHIP BY ADOPTION ONLY IF ONE ADOPTIVE PARENT IS A BC. THE DETERMINING

FACTOR IS THE CITIZENSHIP OF THE ADOPTIVE PARENTS. UNDER THE HONG KONG ADOPTION ORDINANCE, THERE IS NO REQUIREMENT FOR THE ADOPTERS TO DE ORDINARILY OR HABITUALLY RESIDENT IN HONG KONG. BOTH THE

QUALIFICATION OF ADOPTION IN PARA. 5 OF THE FIRST SCHEDULE TO THE IMMIGRATION ORDINANCE AND PARA. 2(0) OF OUR TELNC 681 WERE DRAFTED

WITH THE RELEVANT PROVISIONS OF THE 1981 ACT, (1.E. SECTIONS 1(5)

CONFIDENTIAL

/AND

1286