TNAG-1384-FCO40-1832-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 177

Nole

CONFIDENTIAL

letter copied to the

Our reference: NTY/85 1/387/3

Your reference:

Mr W Ehrman

Hong Kong Department

HOME OFFICE

Lunar House, Wellesley Road, CROYDON CR9 2BY

Telephone: 01 760 2832

gramper mitt attachments

Tels to the

1.

333

2. Mes reale, NTD hey the comments on revised

Under / White Paper/hist. Done

Foreign & Commonwealth Office 3. Mr Granger mit comm

LONDON SW1A 2AH

Dear Williams,

by Wednesday & wich

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en Whate

(Paper / Weite

Dons August 1985

pass pathe to the hill, (no france awway, 4. Enter islu wednesday 21 the.

040/4

RECEIVED IN REGISTRY

HONG KONG : DRAFT WHITE PAPER

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a)

b)

c)

a revised draft Order in Council and

we are

how nec'd

Ive tile too.

realigkn/

HKK

I attach:

a draft White Paper covering

DFS

INDER

2 1 AUG 1985

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PEGISTRY

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16

8/6/8.

a revised list of persons connected with Hong Kong who will be affected by the Order.

As to the list, you will see that we have simplified it to make it more readily comprehensible, and re-ordered it to fit in better with the order in which the connecting factors are listed in Article 2 of the draft Order. We have also, where appropriate, revised the wording of some of the categories to match the wording of Article 2(1)(a), whereby registration in Hong Kong is in itself a sufficient connection. In sending the list to Hong Kong it would be helpful if you would include the cross-references to Article 2.

We have now included registration in Hong Kong under sections 5A(1) and 5A(2) of the BNA 1948. We had not previously realised that Hong Kong effected registrations under these provisions, and we agree that there is no good reason to exclude them. We wonder, however, whether a further entry needs to be made for registration outside Hong Kong under these provisions, and also under section 6(1). We should be grateful if Hong Kong could let us know what the likelihood is of anyone having been registered in another Dependent Territory on the basis of Crown Service or ordinary residence or relevant employment in Hong Kong. If, for example, Hong Kong have effected such registrations on the basis of qualifications acquired in another Dependent Territory, then we shall probably need to make the converse provision.

As to the White Paper, I should emphasize, as indicated in paragraph 11, that it will be necessary for Hong Kong so to amend their Immigration Ordinance as to ensure that all those persons covered by Article 2 and the list annexed do in fact have the right of abode in Hong Kong, at least until 1997. Hong Kong have recognised the need for this: in paragraph 12 of their Tel No.1100 of 6 June, concerning amendments to the Immigration Ordinance, they stated their proposal to make a number of "tidying-up" amendments to include certain numerically insignificant

CONFIDENTIAL