TNAG-1384-FCO40-1832-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 67

OCMIAN 5074

OO HOKON

FM FCOLN TO HOKON

291420Z AUG

GRS 1550

CONFIDENTIAL

FM FCO

TO IMMEDIATE HONG KONG

TELNO 1222

OF 291420Z AUGUST 85

INFO IMMEDIATE PEKING

CONFIDENTIAL

5074

ник ото/+

-2 SEP 1985

KYDEX

PE

261-2

MY TWO IPTS: HONG KONG AGREEMENT: NATIONALITY ORDER IN COUNCIL: DRAFT WHITE PAPER

FOLLOWING IS NEXT PORTION OF REVISED TEXT OF WHITE PAPER REFERRED

TO IN PARA 1 OF MY FIRST IPT.

BEGINS.

13.

ARTICLE 2(1)(C) IS CONCERNED WITH PEOPLE REGISTERED OUTSIDE HONG KONG. REGISTRATION MAY HAVE TAKEN PLACE OUTSIDE HONG KONG ON THE BASIS OF A CONNECTION WITH HONG KONG, SINCE CERTAIN OF THE REGISTRATION PROVISIONS CONTAINED IN THE BRITISH NATIONALITY ACT 1948 DID NOT CONTAIN ANY RESIDENTIAL QUALIFICATIONS. FOR EXAMPLE:

1) A CHILD REGISTERED AS A CUKC OUTSIDE HONG KONG UNDER SECTION 7 OF THE BRITISH NATIONALITY ACT 1948 WHO HAD A PARENT WHO BECAME A HONG KONG BDTC.

2) A PERSON REGISTERED AS A CUKC OUTSIDE HONG KONG UNDER SECTION 12(6) OF THE BRITISH NATIONALITY ACT 1948 AS AMENDED BY THE BRITISH NATIONALITY ACT 1958 BY VIRTUE OF DESCENT IN THE MALE LINE FROM A PERSON BORN OR

NATURALISED IN HONG KONG.

14.

ARTICLE 2(1)(D) CONCERNS PEOPLE BORN OUTSIDE HONG KONG TO PARENTS SETTLED IN HONG KONG AT THE TIME OF THE BIRTH. THE TERM 'SETTLED' IN A DEPENDENT TERRITORY IS DEFINED IN SECTION 50(2) OF THE BRITISH NATIONALITY ACT 1981 AS 'BEING ORDINARILY RESIDENT IN

1

CONFIDENTIAL

363