TNAG-1384-FCO40-1832-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 89

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

W Ehrman

CONFIDENTIAL

NTY/85 1/387/3

27 August 1985

Our

explanation not to be given.

Paragraph 13: Tel. Para. 2.(K)

Some reference to naturalisation seems necessary in order to explain why the Order is concerned only with registration outside Hong Kong. Some examples have been given as requested.

Paragraph 14: Tel. Para. 2(L)

On reflection there seems no compelling reason to highlight this particular sub-provision of Article 2(1)(c). It has therefore been deleted from this version.

Paragraph 15 (new 14)

FCO Legal Advisers have commented on Article (2)(1)(d). Subject to Home Office Legal Advisers' views on these comments, this paragraph has been slightly revised to include reference to non-BDTCs settled in Hong Kong.,

Paragraph 18(new 17)

Subject to Home Office Legal Advisers' views it might help to make it crystal clear if Article 2(2) included naturalisation.

Paragraph 19 (new 18)

I have revised the first sentence to accord more closely with what Article 2(3) actually says.

Paragraph 20 ( new 19): Tel. (Para.2(Q))

Examples have been given as requested.

Paragraph 22 (new 21) : Tel. Para. 2(S)

Hong Kong's proposed amendment has not been taken up. We should be grateful if they would say why they object to the original wording.

Paragraph 23 (new 22) : Tel. Para. 2(T)

Hong Kong's proposed version merely says in different words what Article 4(3) says. The original wording explains why it says it and has therefore been retained. Again we should be grateful to know why Hong Kong object to our explanation of the Article.

Paragraph 25 (new 24): Tel. Para. 2(U)

An explanation of Sections 17(2) and (3) of the BNA 1981 is now included.

Paragraph 26 (new 25): Tel. Para. 2(V))

On reflection, we agree that this paragraph contains a cumbersome explanation of a most unlikely situation. I have attempted a shorter version.

Paragraph 27 (new 26)

What Ministers said about statelessness is essentially contained in Paragraph 24. I have attempted a clearer explanation.

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