TNAG-1385-FCO40-1833-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 243

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20.

Hong Kong BDTCs could protect their children born after 1997 from the

consequences of the Agreement. Although it has not been tested, it is the

FCO view that the Chinese would be likely to object.

b) it would mean a fundamental change to the way in which citizenship is

acquired under the BNA 1981. Birth alone in the UK or a Dependent Territory

is not now sufficient to confer British citizenship or BDTC. It is necessary

for at least one parent to be a BC or BDTC, or to be settled in the UK or

a Dependent Territory, as the case may be. The proposed amendment would

amount to a reversion to the principle of citizenship being established by

birth alone, from which the 1981 Act deliberately departed.

c) it is difficult to see what justification there could be for not extending

the provision to other BDTCs and also to British Overseas citizens, thus

further undermining the principles of the BNA 1981.

d) the facility which Sir S Y Chung wants already exists to the extent that

BN(0)s could meet the existing requirements of the BNA 1981. If a BN(0)

leaves Hong Kong after 1997 and settles either in the UK or in a Dependent

Territory, then any children he or she may have will automatically be a BC

or a BDTC at birth as the case may be.

e) only those wealthy enough to be able to arrange for their children to

be born outside Hong Kong could benefit from such an amendment. It seems

invidious to create a loophole which would undoubtedly be seen as devised

solely for the rich.

For these reasons we recommend that Sir S Y Chung's proposal should be

rejected, and that Hong Kong should be so informed. We do not in any case envisage

much support for the proposal in Parliament.

NON-ETHNIC CHINESE BDTCS

21.

There is one contentious issue which is likely to be raised during the debates,

and which may cause some problems. This is the position of non-ethnic Chinese

BDTCS in Hong Kong who number approximately 6,000, most of them of ethnic Indian

origin. They are represented by the Council of Hong Kong Indian Associations.

The Associations propose that the special provisions already offered to persons

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