TNAG-1384-FCO40-1832-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 138

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J Emery Esq B4 Division Home Office Lunar House Croydon

Bear Jorry,

Foreign and Commonwealth Office

CONFIDENTIAL

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London SW1A 2AH

HKK 040/4.

22 August 1985

WHITE PAPER INTRODUCING HONG KONG NATIONALITY ORDER IN COUNCIL

•

1.

As promised, set out below is the comment of our legal adviser on paragraph 15 of the White Paper:

I am not sure whether this is not a little misleading. I agree that a person born in another dependent territory to a person who is settled in Hong Kong is included, but so too, surely, is a person born in another dependent territory, whose parent is not

in Hong Kong,

settled

but who

is nevertheless a

a Hong Kong BDTC (eg who was born there)? This is I think the combined effect of Section 15(i)(a) of the 1981 Act, and Article 2(i)(a) of the draft Order. Clearly such a person has a connection with Hong Kong, and he does not have a wholly "separate" connection with another dependent territory (as

(as the

the parental connection is a Hong Kong connection). Paragraph 15 is

these

therefore a little misleading persons do not have a settlement connection, but they do have a different sort of connection.

It also occurs

to me that, for this reason, category B16 in the Home Office list i 8 incomplete, and that the words "or who was a Hong Kong BDTC" should be added. Perhaps you could put this point to the Home Office."

CJ1ADY

You

sincerely

W G Ehrman

Hong Kong Department

CONFIDENTIAL