TNAG-1384-FCO40-1832-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 16

CONFIDENTIAL

6067 - 1

(IE BIRTH, REGISTRATION OR NATURALISATION IN HONG KONG) MIV

MORE EASILY IDENTIFY THEMSELVES FROM THE LIST THAN FROM THE

APPROPRIATE SUB-SECTION OF ARTICLE 2(1) OF THE ORDER WHICH IS

INEVITABLY MORE COMPLEX TECHNICALLY. THOSE WHO ARE UNABLE TO

IDENTIFY THEMSELVES FROM THE LIST OR WHO ARE NOT SURE WHETHER

THEY ARE INCLUDED IN IT WILL NO DOUBT SEEK GUIDANCE WHETHER

OR NOT THE LIST IS PUBLISHED.

(C) PUBLICATION OF THE LIST MAY HELP BY IDENTIFYING SOME LATENT

CATEGORY OF PERSON AFFECTED BUT WHOM WE HAVE MISSED OUT.

3. WE HAVE INCORPORATED MOST OF THE AMENDMENTS SUGGESTED IN YOUR

SECOND TUR. THE FOLLOWING SPECIFIC COMMENTS RELATE TO AREAS

WHERE WE DO NOT AGREE OR WHERE WE WOULD WELCOME FURTHER

CLARIFICATION.

TITLE OF LIST

4. WE HAVE NOW AMENDED THE OVERALL TITLE OF THE LIST AS GIVEN IN

OUR TELNO 1163, AS THE SECOND PART OF THE DEFINITION WAS NOT

APPROPRIATE. THIS NOW OBVIATES THE NEED FOR YOUR PROPOSED

AMENDMENT TO CATEGORY A(1). THE LIST NOW SIMPLY CONSTITUTES A

LIST OF PEOPLE CONNECTED WITH HONG KONG. NOT ALL OF THESE WILL

LOSE BDTC: THOSE WITH A SEPARATE ROUTE TO BDTC THROUGH ANOTHER

DEPENDENT TERRITORY (EG THOSE DESCRIBED IN PARA B OF YOUR SECOND

TUR) WILL BE UNAFFECTED BY THE ORDER BY VIRTUE OF ARTICLE 3:

'MIXED' BDTCS WHOM WE HAVE AGREED TO EXEMPT FROM THE PROVISIONS

OF THE ORDER WILL BE EXCEPTED FROM LOSS BY VIRTUE OF ARTICLE

2(3). THERE IS THEREFORE NO NEED TO QUALIFY ANY OF THE

INDIVIDUAL CATEGORIES IN THE LIST.

APPROPRIATE GOVERNOR RULE

5. PARAS I-0, Q, R, AND T OF YOUR SECOND TUR. WE TAKE YOUR

POINT ABOUT THE APPLICABILITY OF THE 'APPROPRIATE GOVERNOR'

THE

RULE. WE WONDER HOWEVER IF THIS IS FOOLPROOF. FOR EXAMPLE, IF

ANOTHER GOVERNOR ACCIDENTALLY REGISTERS A PERSON WHO SHOULD HAVE

BEEN REGISTERED IN HONG KONG BECAUSE HIS QUALIFYING CONNECTIONS

WERE WITH HONG KONG, IS THAT PERSON NOT A HONG KONG BELONGER? IF

SO, IT SEEMS TO DO NO HARM TO RETAIN THE REFERENCES TO ARTICLE

2(1)(C).

HOWE

HONG KONG AGREEMENT: NATIONALITY.

LIMITED

HD/HKD

HD/FED

HD/NTD

RESEARCH DEPT.(MR WALKER)

D/HD PUSD

PS

PS/MR LUCE

PS/LADY YOUNG PS/PUS

BIR W HARDING MR WILSON

2

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,

Mr Miller, MVD

CONFIDENTIAL

CROYDON.

!