TNAG-1383-FCO40-1831-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 93

CONFIDENTIAL

AND 15(5)) FIRMLY IN MIND. WE RECOMMEND THAT OUR DEFINITION OF

ACQUISITION OF CITIZENSHIP BY ADOPTION IN ARTICLE 2(1)(A)(TTI)

OF THE REVISED DRAFT ORDER IN OUR FIRST IFT BE ADOPTED. IT IS

BASED ON PARA. 2(C) OF OUR TELNO 681 BUT MODIFIED TO PROVIDE FOR

CASES OF JOINT ADOPTION IN ANOTHER DEPENDENT TERRITORY BY PARENTS

ONE OF WHOM IS A BDTC WHO WOULD NOT BY VIRTUE OF THE ORDER IN

COUNCIL CEASE TO BE A BDTC ON 1 JULY 1997 WHILE THE OTHER WOULD.

SUCH A CHILD WOULD BE A SEPARATE BDTC AND SHOULD BE ABLE TO RETAIN

HIS BDTCSHIP. WE BELIEVE THAT ADOPTION SHOULD BE TREATED AS FAR AS

POSSIBLE LIKE BIRTH.

(D) ARTICLE 2(1)(A)(IV).

WE DO NOT (NOT) AGREE THAT REGISTRATION

IN HONG KONG IN ITSELF IS A SUFFICIENT CONNECTION. OUR REASONS

ARE AS FOLLOWS:

(1) IN VIEW OF THE 'APPROPRIATE GOVERNOR' RULE, WE ACCEPT THAT

REGISTRATION IN HONG KONG UNDER THE 1981 ACT IN ITSELF IS A CLOSE

CONNECTION. WE CANNOT HOWEVER AGREE THATTHE SAME IS TRUE OF THE

1948 ACT. FOR THIS REASON THE IMMIGRATION ORDINANCE HAS INCLUDED

ONLY THOSE BRITISH SUBJECTS BY REGISTRATION IN HONG KONG UNDER

SECTION 7(2) OF THE 1948 ACT IN THE DEFINITION OF HONG KONG

BELONGER' IN SECTION 2 OF THE ORDINANCE. REGISTRATION UNDER SECTION

7(2) WAS INCLUDED BECAUSE EXPERIENCE HAD SHOWN THAT IN THOSE CASES

THE ONLY CONNECTION THE CHILD HAD WAS WITH HONG KONG. IN OTHER CASES OF REGISTRATION IN HONG KONG, SUCH AS REGISTRATION UNDER

SECTION 6(2), THE PLACE WHERE A PERSON WAS REGISTERED IS ENTIRELY FORTUITOUS. A SIGNIFICANT NUMBER OF SECTION 6(2) REGISTRATIONS IN

HONG KONG INVOLVE ALIEN WOMEN MARRIED TO UNITED KINGDOM BORN CUKCS.

THE HUSBANDS IN ALL SUCH CASES ARE NOT HONG KONG BELONGERS AND WE

SAW NO REASON FOR CONFERRING BELONGERSHIP ON THESE WIVES SINCE THE

PERSONS FROM WHOM THE DERIVED CUKCSHIP DID NOT HAVE IT.

(11) ALL THE EVIDENCE SUGGESTS THAT REGISTRATION IN THE UNITED

KINGDOM IN ITSELF IS NOT REGARDED AS A SUFFICIENT CONNECTION. FOR

EXAMPLE A WOMAN REGISTERED IN THE UNITED KINGDOM UNDER SECTION 6(2)

OF THE 1948 ACT DID NOT BECOME A BC UNLESS EITHER SHE WAS MARRIED

BEFORE 28 OCTOBER 1971 OR HER HUSBAND WAS A PATRIAL UNDER THE

IMMIGRATION ACT 1971. CONVERSELY A WOMAN REGISTERED IN HONG KONG

UNDER SECTION 6(2) ON THE BASIS OF HER MARRIAGE TO A CUKC WHO HAD

THE RIGHT OF ABODE IN THE UNITED KINGDOM BECAME A BC AT

COMMENCEMENT UNDER SECTION 11 OF THE 1981 ACT. PARA. 19 OF THE GREEN

PAPER ON THE 1981 ACT (CMND 6795) STATES THAT BRITISH CITIZENSHIP

WOULD NOT BE CONFERRED ON CUKCS SUBJECT TO IMMIGRATION CONTROL,

THEIR REGISTRATION IN THE UNITED KINGDOM NOTWITHSTANDING.

FURTHERMORE THE 1931 ACT LEAVES OUT REGISTRATION IN THE UNITED

KINGDOM UNDER SECTION 1 OF THE BRITISH NATIONALITY (NO. 2) ACT

1964 AS A ROUTE TO BRITISH CITIZENSHIP UNLESS THE MOTHER OF THE

PERSON SO REGISTERED BECAME A BC AT COMMENCEMENT OR THE PERSON SO

REGISTERED HAD THE RIGHT OF ABODE IN THE UNITED KINGDOM UNDER SECTION

2(1)(C) OF THE IMMIGRATION ACT 1971 IMMEDIATELY BEFORE

COMMENCEMENT.

-2-

CONFIDENTIAL

/(111).