TNAG-1385-FCO40-1833-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 244

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connected with Hong Kong who would otherwise be stateless after 1997 which would

allow them, their children and their grandchildren to be British Overseas citizens

should be extended to grant them full British citizenship with the right of abode

in this country. They have attracted support from Mr Prior MP and other Members.

For the reasons set out in the attached note, we do not believe the Associations'

representation can or should be accepted. To do so would upset the delicate balance

negotiated between us, the Chinese and the wider Hong Kong community by giving

this group exceptionally favourable treatment. The arrangements we have made preserve

a form of British nationality for 3 generations for those who would otherwise be

stateless, and the acquisition of a right of abode in the United Kingdom would

do nothing to meet their declared wish to continue to live in Hong Kong. For that

we must rely on the guarantee in the Agreement negotiated with the Chinese.

22. Accordingly, the provisions relating to statelessness in Article 6 of the

draft Order reflect the undertakings given during the passage of the Hong Kong

Bill and do not attempt to extend citizenship rights further. We believe the

Government's position can be persuasively explained and if Ministers agree, we

propose that we should take suitable opportunities to prevent the Indian Associations'

representations developing a head of steam and will submit a draft reply to

Mr Prior's representations with this in mind.

CONCLUSION

23.

Ministers are accordingly invited to agree that:

a) in the unique circumstances of Hong Kong, the draft Order in Council

should provide that BN(0)s shall be entitled to hold or be included in a

passport appropriate to that status;

b) the BNA 1981 should not be amended as Sir S Y Chung has proposed so as

to provide for children born after 1997 to BN(0)s to acquire British

citizenship or BDTC by birth either in the UK or a Dependent Territory;

c) the draft Order should not provide for stateless persons to acquire British

citizenship after 1997, as proposed by the Hong Kong Indian Associations;

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