TNAG-1384-FCO40-1832-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 124

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GRS 1500

CONFIDENTIAL

FM HONG KONG

TO IMMEDIATE FCO

TELNO 1713

OF 230945Z AUGUST 35

CONFIDENTIAL

HKK040/4

27 A G 1985

INFO IMMEDIATE PEKING

MIPT: HONG KONG AGREEMENT: NATIONALITY ORDER IN COUNCIL.

Ser to

349

OUR COMMENTS ON YOUR LIST ARE AS FOLLOWS:

corner.

(A) TITLE OF CATEGORY A WE SUGGEST THAT THIS BE AMENDED TO READ

BEGIN UNDERLINING THOSE CUKCS WHO BECAME BDTCS ON 1 JANUARY 1983 BY REASON OF A CONNECTION WITH HONG KONG END UNDERLINING. THIS IS IN ORDER TO AVOID CONFUSION WITH A PERSON WHO BECAME A BDTC ON 1 JANUARY 1933 THROUGH PROVISIONS FOR ACQUISITION AFTER COMMENCEMENT E.G. A CHILD SORN IN HONG KONG ON 1 JANUARY 1983 TO PARENTS WHO ARE SETTLED HERE.

(B) CATEGORN A1 THIS SHOULD BE QUALIFIED BY THE FOLLOWING WORDS ''UNLESS AT THE TIME OF HIS BIRTH HIS FATHER WAS A CUKC BY BIRTH, NATURALISATION OR REGISTRATION IN ANOTHER DEPENDENT TERRITORY, SECTION 3(1) OF THE 1948 ACT DEFINES A CITIZEN BY DESCENT AS A PERSON WHOSE FATHER IS A CUKC AT THE TIME OF THE BIRTH. IT FOLLOWS THAT SUCH A CUKC BECAME ON 1 JANUARY 1983 4 SEPARATE BDTC. HE IS A BDTC UNDER SECTION 23(1)(A) IF HE WAS BORN IN A DEPENDENT TERRITORY AND SEPARATELY UNDER SECTION 23(1)(3) THE ROUTE USED TO ACQUIRE 3DTC UNDER SECTION 23(1)(B) DOES NOT PASS THROUGH HONG KONG.

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(C) CATEGORY A5(A)

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THE WORD 'OF '1

IN LINE 2 SHOULD BE REPLACED

BY THE WORD ''OR'',

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(D) CATEGORY A5(F) THE REFERENCE TO THE BN (NO. 2) ACT 1964 SHOULD

READ THE BNA 1964'. 19NA 1964 IS THE SHORT TITLE OF 1964 CAP. 22. WE SUGGEST THE FOLLOWING ADDITIONAL CATEGORY UNDER CAT. A5 **(H) SECTION 1 OF THE BN (NO. 2) ACT 1964 (STATELESS PERSONS) 23(1)(A).'

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(E) CATEGORY A8 - THE WORDS PARENT OR'' MAY BE OMITTED. IF THE

CHILD HAD A PAERNT WHO WAS A CUKC BY REASON OF BIRTH, NATURALISATION OR REGISTRATION IN HONG KONG, HE IS ALREADY COVERED BY CATEGORY A2 AND THERE COULD BE NO QUESTION OF CONSULAR REGISTRATION. THE PROVISION IN THE ORDER IN COUNCIL WHICH COVERS CONSULAR RESISTRATION IS ARTICLE 2(1)(E) SINCE CONSULAR REGISTRATION IS A MEANS OF ACQUIRING CITIZENSHIP BY BIRTH, AND NOT THE SAME AS ACQUISITION OF CITIZENSHIP BY REGISTRATION WHICH MUST UNDER THE 1948 ACT BE APPROVED BY THE GOVERNOR. THE CHILD IS A CUKC BY DESCENT (SEE SECTION 5(1)(B) OF THE 1948 ACT) AND NOT A CITIZEN BY REGISTRATION.

CONDENTIAL

((F)...