TNAG-1385-FCO40-1833-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 238

J M LYON

IND

B4 Division

Lunar House (Extension 2832)

20 September 1985

CONFIDENTIAL

DI

HKK 0+o/+

24 SEP 1985

BY

NTY/85 1/387/4

сс Mr Acton

Mr Yates

Mr Phillips

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Natruly

Mr Pakenham-Walsh Mr Holmes

Mr Fries

410

W z49

1.

Mr Hyde

INDEX

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2.

Mr Storr

7

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3. Mr Fittall

HONG KONG : DRAFT WHITE PAPER AND ORDER IN COUNCIL

INTRODUCTION

1.

This submission seeks Ministers' approval to the attached draft White Paper

and Order in Council to implement the nationality provisions of the Hong Kong

Act 1985. A similar submission is being put to FCO Ministers.

2.

Specifically, the submission seeks Ministers' agreement;

a) to accept a proposal from the Hong Kong authorities that, in the

unique circumstances of Hong Kong, the Order should confer on BDTCs by

virtue of a connection with Hong Kong an entitlement to BN (0) passports

b) to reject a proposal by Sir S Y Chung, a member of EXCO, for amending

the BNA 1981 so as to provide children born after 1997 of BN(0)s with a

transmissible form of British nationality

c) not to modify the provisions for statelessness to benefit further the

Indian community in Hong Kong

d) to circulate the draft White Paper and Order in Council by means of a

letter to the Prime Minister.

BACKGROUND

3. The nationality aspects proved to be the most difficult part of the negotiations

with the Chinese. This was partly because of the differing views of the Chinese

and the people of Hong Kong as to what their future status should be, and partly because of differences in UK and Chinese nationality law.

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CONFIDENTIAL