TNAG-1384-FCO40-1832-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 141

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AND THE EXISITING LINE SHOULD BE REPLACED BY PROVIDES THAT THE

ORDER MAY, INTER ALIA, ', WE SUGGEST THAT THE REFERENCE TO CUT-OFF

DATES SHOULD BE DELETED SINCE THE SCHEDULE TO THE ACT DOES NOT

SPECIFY ANY LIMITATION ON THE NUMBER OF ORDERS AND THE DRAFT ORDER

ANNEXED TO THE WHITE PAPER DOES NOT MENTION CUT-OFF DATES. 'CONSEQUENT IN LINE 15 SHOULD READ 'CONSEQUENTIAL':

(G) PARA. 7. WE FIND THE EXPRESSION TO ACCORD WITH THIS

PRE-EXISITNG STRUCTURE WRONG AND OBSCURE. WE DO NOT SEE ANY

PARTICULAR NEED FOR MENTIONING DETAILED ARRANGEMENTS FOR THE ISSUE

ETC OF 3N(0) PASSPORTS AT THIS PARTICULAR JUNCTURE AND RECOMMEND

THAT THIS PARA. BE DELETED:

•

(H) PARA 8 WE SUGGEST THAT THIS PARA. BE PREFACED BY THE HEADING 'COMMENTARY ON THE PROVISIONS IN THE DRAFT ORDER', AND THE LAST SENTENCE SHOULD BE RECAST TO END'...IN ORDER TO ENABLE BN (0) PASSPORTS TO BE ISSUED WITH EFFECT FROM 1 JULY 1987':

(1) PARAS. 9 12. WE SUGGEST THAT THESE PARAGRAPHS BE RECAST ON THE FOLLOWING LINES

18. ARTICLE 2 IDENTIFIES BOTCS WHO ARE SUCH BY VIRTUE OF A CONNECTION WITH HONG KONG WHO WILL LOSE THEIR BOTCS STATUS ON 1 JULY 1997 AND WHO WILL HENCE BE ENTITLED TO ACQUIRE BN(0) STATUS.

3. ARTICLE 2(1) SETS OUT THOSE PEOPLE WHO ARE TO BE TAKEN AS

HAVING A CONNECTION WITH HONG KONG. IT ENCOMPASSES THE HONG KONG BDTCS WHOL WILL LOSE 3DTC STATUS ON 1 JULY 1997 AND WHO MAY HENCE RETAIN BN(0) STATUS LISTED IN ANNEX 2. SPECIFICALLY, SUCH PEOPLE INCLUDE THE FOLLOWING CATEGORIES

(A) ARTICLE 2(1)(A) WHICH CONCERNS 3DTCS BORN, NATURALISED OR REGISTERED IN HONG KONG OR FOUND ABANDONED THERE AS A NEWBORN INFANT, OR THEIR CHILDREN. AS REGARDS BIRTH IN HONG KONG, ARTICLE 2(1)(A) READ IN CONUNCTION WITH ARTICLE 2(3) IS SO FRAMED AS TO ENSURE THAT A BDTC BORN IN HONG KONG ON OR AFTER 1 JANUARY 1993 WILL NOT LOSE HIS BDTC STATUS IN 1997 IF NEITHER PARENT IS AT THE TIME OF THE BIRTH SETTLED IN HONG KONG OR A HONG KONG BDTC. FOR EXAMPLE, A CHILD BORN IN HONG KONG ON OR AFTER 1 JANUARY TO PARENTS WHO ARE GIBRALTARIANS AND WHO ARE IN HONG KONG TEMPORARILY WILL NOT

LOSE HIS BDTC STATUS IN 1997 JUST BECAUSE OF HIS BIRTH IN HONG KONG.

(SEE ALSO PARAGRAPH 10):

(3) ARTICLE 2(1)(B) WHICH RELATES TO PERSONS WHO BECOME BDTCS THROUGH ADOPTION BY PARENTS WHO ARE HONG KONG 3DTCS. THIS PROVISION ACCORDS WITH THE PROVISION FOR ACQUISITION OF BETC STATUS BY ADOPTION UNDER THE BRITISH NATIONALITY ACT 1931 WHERESY A CHILD ADOPTED IN A DEPENDENT TERRITORY BECOMES A BDTC IF THE ADOPTER OR, IN THE CASE OF JOINT ADOPTION, ONE OF THE ADOPTERS, IS A 3DTC':

3

CONFIDENTAL

/SENTENCES