TNAG-1385-FCO40-1833-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 107

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OCMIAN 4111

CONFIDENTIAL

OO HOKON

FM FCOLN TO HOKON

041145Z OCT

GRS 358

CONFIDENTIAL

FM FCO

TO IMMEDIATE HONG KONG

TELNO 1473

OF 041145Z OCTOBER 85

INFO IMMEDIATE PEKING

CONFIDENTIAL

14111

-

1

ник ото/+

м

HONG KONG AGREEMENT: NATIONALITY ORDER IN COUNCIL

1.

IF

WHITE PAPER HAS NOW BEEN APPROVED BY PRIME MINISTER,

SECRETARY OF STATE AND HOME SECRETARY. IF OTHER OD(K) MEMBERS

APPROVE QUICKLY, PUBLICATION WILL TAKE PLACE ON 17 OCTOBER.

THERE IS A DELAY IT WILL ONLY BE FOR A WEEK AND PUBLICATION WILL

THEN TAKE PLACE ON 22 OR 23 OCTOBER. WE WILL CONFIRM DATE AS

SOON AS WE CAN.

2.

MINISTERS HAVE NOT ACCEPTED SIR S Y CHUNG'S PROPOSAL THAT

WE AMEND THE BNA 1981 TO ENABLE CHILDREN OF BN(O)S BORN AFTER

1 JULY 1997 TO ACQUIRE BRITISH CITIZENSHIP IF THEY ARE BORN IN

THE UK OR BRITISH DEPENDENT TERRITORIES CITIZENSHIP IF THEY ARE

BORN IN A DEPENDENT TERRITORY. FOR HONG KONG BDTCS TO BE ABLE TO

PROTECT THEIR CHILDREN BORN AFTER 1997 FROM THE CONSEQUENCES OF

THE AGREEMENT IN THIS WAY WOULD BE CLEARLY CONTRARY TO THE SPIRIT

OF THE EXCHANGE OF MEMORANDA ON NATIONALITY AND HENCE WOULD BE

OBJECTIONABLE TO THE CHINese. ALSO, IT WOULD DRIVE A COACH AND HORSES THROUGH THE PRINCIPLES OF THE BNA. 1981 WHICH DELIBERATELY

DEPARTED FROM THE IDEA OF CITIZENSHIP BY BIRTH ALONE, BY CREATING

A LOOPHOLE WHICH WOULD UNDOUBTEDLY BE SEEN AS BEING DEVISED

SOLELY FOR THOSE WEALTHY ENOUGH TO HAVE THEIR CHILDREN BORN

ELSEWHERE.

THIS WOULD BE UNACCEPTABLE TO UK MINISTERS. WE ARE

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CONFIDENTIAL

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