TNAG-1384-FCO40-1832-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 245

there were some BDTCs by virtue of a connection with other Dependent Territories

who were serving abroad in Crown Service under the Hong Kong Government. Hong

Kong's argument was accepted, but it was pointed out that if the article was

amended as proposed it would then serve no useful purpose, since the people to

whom it related were covered elsewhere. If, therefore, it were to be amended as

proposed, then it had better be deleted.

Agreed to delete article 2(1)(d).

Women married before 1949: Article 2(1)(f)

10.

Hong Kong wished to amend "1949" to read "1983". They pointed out that

this was in line with section 23(1)(c) of the BNA 1981. They posed the actual

case of a woman who had retained CUKC when her place of birth went independent,

and who was married to a Hong Kong BDTC. By virtue of that section of the 1981 Act

she therefore became a BDTC on 1 January 1983.

Agreed to amend "1949" to read "1983".

Right to register in the new status of BN (0)

Article 4(2): Reference to passports

11. Hong Kong agreed that the Order should specify registration as the method

by which BN(0) status should be acquired, but they wanted a reference to passports

in that article. The Home Office argued that they would prefer not to mention

passports directly in an apparent entitlement context. Their view was that

prerogative matters should not be imported into the Order. Hong Kong appreciated

the argument, but they pointed out that there was a reference to passports in the

UK Memorandum, and that if no such reference appeared in the Order, there was

likely to be considerable unease in Hong Kong. They also argued that the Chinese

might well be disturbed if a reference to the passport was not clearly spelt out

in the legislation. They also pointed out that in any case, EXCO were still not

happy with the reference to registration, and it would be easier to get them to

accept it if a reference to passports was included as proposed.

Agreed to include a reference to passports in article 4(2).

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