TNAG-1384-FCO40-1832-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 39

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5792

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OCMIAN 5792

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OO PEKIN

FM FCOLN TO HOKON

020910Z SEP

GRS 600

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FM FCO

TO DESKBY 030100Z HONG KONG

TELNO 1236

OF 020910Z SEPTEMBER 85

INFO IMMEDIATE PEKING

350

HKK

070/+

DOUSIVER W REGISTRY

4 SEP 1985

DESK OFFICER

INDEX

BEL STRY

PA

Auron Taken

YOUR TELNO 1742: HONG KONG AGREEMENT: NATIONALITY ORDER IN

COUNCIL

1. WE HAVE DISCUSSED YOUR TUR WITH THE HOME OFFICE AND HAVE THE

FOLLOWING COMMENTS ON POINTS ARISING FROM IT:

A.

1.

ARTICLE 2(1)(D)

SORRY IF OUR PREVIOUS EXPLANATION WAS NOT CLEAR. THE

CONNECTIVE ELEMENTS OF ARTICLE 2(1) ARE NOT MUTUALLY EXCLUSIVE.

CHILDREN BORN IN ANOTHER DEPENDENT TERRITORY OF HONG KONG BDTCS

ARE ALREADY COVERED BY ARTICLE 2(1)(A) OR (B) OR POSSIBLY (C).

THE DELETION OF ARTICLE 2(1)(D) WOULD NOT THEREFORE AFFECT THEIR

POSITION. THEY WOULD STILL BE REGARDED AS HAVING A CONNECTION

WITH HONG KONG UNDER THE RELEVANT PROVISION OF ARTICLE 2(1) AND

WOULD THEREFORE LOSE THEIR BDTC STATUS ON 1 JULY 1997 IF THEY HAD

NO SEPARATE ROUTE THROUGH ANOTHER DEPENDENT TERRITORY.

2.

ARTICLE 2(1)(D) IS ESSENTIALLY AIMED AT THE CHILDREN BORN IN

ANOTHER DEPENDENT TERRITORY OF NON-BDTCS WHO ARE SETTLED IN HONG

KONG.

THE FACT THAT IT ALSO INCLUDES THE CHILDREN OF BDTCS

SETTLED IN HONG KONG IS NOT RELEVANT, SINCE, AS EXPLAINED, THEY

ARE ALREADY COVERED.

3.

CHILDREN BORN IN THE UK OF BN(0)S SETTLED IN THE UK WILL OF

COURSE BE BCS AT BIRTH UNDER THE BNA 1981.

B.

RIGHT OF ABODE ENDORSEMENT

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