TNAG-1383-FCO40-1831-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 96

BDTC BY VIRTUE (WHOLLY OR PARTLY) OF HIS HAVING A CONNECTION WITH HONG KONG TO BE ENTITLED, BEFORE 1 JULY 1997 (OP BEFORE THE END OF 1997 IF BORN IN THE FIRST HALF OF 1997), TO BE REGISTERED AS A BN(0) ON BEING ISSUED WITH OR INCLUDED IN A PASSPORT IN THAT STATUS. IN OUR VIEW MENTION OF THE HOLDING OF OR INCLUSION IN A BN (0) PASSPORT IS ESSENTIAL TO CONFORM WITH THE TERMS OF THE UNITED KINGDOM MEMORANDUM. IN THIS CONNECTION, YOU WILL RECALL THAT IN PARA. 3. OF YOUR TELNO 2482 OF 13 DECEMBER 1984 YOU CONCLUDED THAT THE ACQUISITION OF THE NEW STATUS MUST IN PRACTICE BE ON THE SAME DAY AS THE ISSUE OF A NEW PASSPORT. YOU WILL ALSO RECALL THAT, IN PARA. 5 OF YOUR TELNO 2482, TO MEET OUR CONCERN OVER POSSIBLE ADVERSE REACTION IN HONG KONG TO THE NEED FOR REGISTRATION TO ACQUIRE THE NEW STATUS, YOU AGREED THAT THE APPLICATION FOR THE NEW STATUS SHOULD BE SUBSUMED IN THE APPLICATION FOR A PASSPORT IN THE NEW STATUS AS FAR AS POSSIBLE.

(N) ARTICLE 7(3). WE FAVOUR GIVING" EN(0)S THE RIGHTS AND ENTITLEMENTS PERTAINING TO COMMONWEALTH CITIZENSHIP WITHOUT (WITHOUT) MAKING BN (0)S 'COMMONWEALTH CITIZENS' AS SUCH. NOTWITHSTANDING PEKING'S AGREEMENT TO THE WORDING OF ARTICLE 7(3), IN OUR VIEW THE CHINESE ARE LIKELY TO OBJECT STRONGLY TO ANY PROVISION WHICH SUGGESTS ANY CONTINUING CONSTITUTIONAL LINK BETWEEN THE UNITED KINGDOM AND HONG KONG AFTER 1997. AS HONG KONG WILL NO LONGER BE A PART OF THE COMMONWEALTH AFTER 1997, IT WOULD BE DIFFICULT FOR THE CHINESE TO ACCEPT THAT BN (0)S SHOULD HAVE THE STATUS OF COMMONWEALTH CITIZENS. WE NOTE THAT REFERENCE TO BN (0)S HAVING THE STATUS OF COMMONWEALTH CITIZENS WAS INCLUDED IN PARA. 31 OF THE FINAL DRAFT OF THE SECRETARY OF STATE'S SPEECH AT THE SECOND READING OF THE HONG KONG BILL (YOUR TELNO 126) BUT WAS EVENTUALLY DROPPED. THUS PUBLICATION OF THE DRAFT ORDER WILL BE THE FIRST OCCASION, AS FAR AS WE ARE AWARE, ON WHICH YOU WOULD BE BRINGING INTO THE OPEN YOUR INTENTION OF MAKING EN(O)S COMMONWEALTH CITIZENS. THE CHINESE ARE LIKELY TO SCRUTINISE THE DRAFT ORDER CAREFULLY AND IT WOULD BE UNDESIRABLE IN OUR VIEW FOR HMG TO BE SEEN TO HAVE TO BACK DOWN ON THIS PROVISION BECAUSE OF CHINESE OBJECTION, IN THE EVENT THAT THE CHINESE OBJECTED VIOLENTLY TO

THE PROVISION.

3. MY THREE IFTS CONTAIN :

(A) A REVISED DRAFT ORDER IN COUNCIL, UP TO AND INCLUDING ARTICLE 3, ARTICLE 4(2) AND NEW ARTICLE 6A SEMICOLON

(B) A LIST OF PERSONS WHO WILL CEASE TO BE BDTCS ON 1 JULY 1997

IN ACCORDANCE WITH ARTICLE 2 OF OUR PROPOSED DRAFT SEMICOLON

(C) AN EXPANDED LIST OF MIXEDS'.

AKERS-JONES

HONG KONG AGREEMENT: NATIONALITY.

LIMITED

HD/HKD

HD/FED

HD/NTD

RESEARCH DEPT.(MR WALKER)

D/HD PUSD

PS

PS/MR LUCE

COPIES TO:

MR ROBERTS NEWS DEPT.

MR FIFOOT LEGAL ADVISERS

MR GRAINGER, LEGAL ADVISERS

MR HYDE, HOME OFFICE

MR NICHOLSON, PASSPORT DEPT, HOME

OFFICE.

MR EMERY, B4 DIV, HOME OFFICE,

CROYDON.

PS/LADY YOUNG

PS/PUS

SIR W HARDING MR WILSON

Mr Miller, MVD

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CONFIDENTIAL