TNAG-1384-FCO40-1832-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 43

CONFIDENTIAL

(36)

Text of reply to ponte

revised on Order-in-comil

Your

HONG KONG TEL NO.1742

A. ARTICE 211) (2)

hy Exco, T

je su

telmos telegraphed to tik on

to

2/9.602/5. гра

चक

HKK 040/4

RECEI

SSTRY

- 4 SEP 1985

PA

HEGISTRY

Action Taken

1. 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.

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 brown in

with of

cowye

the UK of BN(0) settled in the UK

under the BNA 1981.

be BCUs

B Right of Abode Endorsement.

at wrath

We do not think Ministers will see any difficulty in repeating during

The Debates on the White Paper the assurances as to the right of abode

endorsement already given to Parliament. The detailed wording is still

be discussed.

C.

Article 4(2).

- ayd, to hold on the included in a

a pas, not appropriate to that" status""

to be as a

broadly 5. The first version of the wording proposed by but for accuracy we suggest & shall be cried... Fele yeswald Cheung is acceptable,

as in Baton National (Overmous subject to Ministerial approval, revised Article 4(2) will be forwarded

as soon as possiblex As to use of the term registration: we repeat that

this was not mentioned in the Memorandum because the status in question was

not recorded there as a nationality status. There must be somewhere a central

record of BN(0)s. That record will constitute a register, and the recording

in it will constitute registration. For example, a person applying for BN (0)

passport outside Hong Kong will have to be formally entered in the register,

ie registered, by the Hong Kong authorities. It is a formality designed

the various forms of to fit with a traditional method by which British nationality

under our law.

(acquired

D.

Article 4(3).

6. This is merely designed to meet the terms of the UK Memorandum whereby

a person who is not a BDTC on 30 June 1997 cannot remain a BN(0). It is

1