TNAG-1385-FCO40-1833-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 280

GRS 450

CONFIDENTIAL

FM HONG KONG

TO IMMEDIATE FCO

TELNO 1875

CONFIDENTIAL'

OF 111005Z SEPTEMBER 35

INFO IMMEDIATE PEKING

TOP COPY

040/4

HKK

RECEIVED IN REGISTRY

1 1 SEP 1985

OFFICER

REGISTRY

PA

Action Taken

391

MIPT:

HONG KONG AGREEMENT: NATIONALITY ORDER IN COUNCIL.

(369)

BASED ON PARA. 6 OF YOUR TELNO 1236 WE EXPLAINED TO EXCO, IN PARA. 6 OF MEMORANDUM XCC (85) 126 DISCUSSED YESTERDAY, THAT YOU WISHED TO LEAVE ARTICLE 4(3) AS IT IS BECAUSE PROBLEMS 390

OF STATLESSNES COULD ARISE. IN PARA. 5 OF OUR TELNO 1862 WE REPORTED THAT MISS MARIA TAM ASKED FOR THIS POSSIBILITY TO BE RESEARCHED SO THAT SPECIFIC INSTANCES COULD BE CITED IN RESPONSE TO POSSIBLE ENQUIRIES FROM THE PUBLIC.

2. HAVING EXPLAINED TO EXCO, IN THE TERMS DESCRIBED ABOVE, YOUR REASONS FOR DECLINING TO AMEND THE DATE OF CESSATION OF BN (0) STATUS IN ARTICLE 4(3) AS SUGGESTED BY MISS MARIA TAM, WE REMAIN UNCLEAR AS TO YOUR PRECISE REASONS FOR REJECTING MISS TAM'S PROPOSED AMENDMENT, AND ARE CONCERNED THAT WE MIGHT NOT BE ABLE TO ANSWER PUBLIC QUERIES SATISFACTORILY IF OTHER MEMBERS OF THE PUBLIC MADE THE SAME QUERY. WE ARE AWARE THAT A 5DTC COULD NOT RENOUNCE BOTH BDTC AND BN (0) STATUS AT THE SAME TIME IF THAT WOULD LEAVE HIMS STATELESS. BUT WE NOTE THAT UNDER SECTION 40 OF THE 1981 ACT THE SECRETARY OF STATE MAY DEPRIVE A BDTC OF HIS BDT CITIZENSHIP IN CERTAIN CIRCUMSTANCES EVEN IF THAT WOULD LEAVE HIM STATELESS. IF STATELESS-NESS COULD ARISE FROM DEPRIVATION ANYWAY, WE FAIL TO SEE HOW POSSIBLE STATELESSNESS ARISING FROM CHANGE OF THE DATE OF CESSATION OF A PERSON'S BN(0) STATUS FROM 1 JULY 1997 TO THE DATE OF CESSATION OF THAT PERSON'S BDTC STATUS COULD BE A REASON FOR NOT AGREEING TO MISS TAM'S PRPOSED AMENDMENT. WE SHOULD BE GRATEFUL FOR YOUR CLARIFICATION OF YOUR REASONS FOR NOT AGREEING TO MISS TAM'S

CONFIDENTIAL

/PROPOSED

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