TNAG-1385-FCO40-1833-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 71

CONFIDENTIAL

14120

1

II. SPECIFIC

A. DISAGREE. WE PREFER NOT TO HAVE YET A THIRD ANNEX. WE CONSIDER THAT PARAGRAPH 4 ADEQUATELY EXPLAINS THE SCHEDULE TO THE

HONG KONG ACT:

B. C. D. AND E. AGREED:

F.

AGREED AS TO 'NEW BORN INFANTS'. BUT WE PREFER TO LEAVE IN THE SECOND REFERENCE TO 'THE PURPOSES OF THE ORDER', TO EMPHASISE

THE POINT:

G. H. AND I. AGREED:

J.

DISAGREE. AGAIN THIS PARAPHRASES SECTION 23(1)(B) OF THE BNA

1981 WHICH REFERS ONLY TO 'HIS' AND 'HE':

K. AGREED:

L. DISAGREE. THE POINT WE WERE MAKING IS THAT THE TERM 'NATURALISATION' HAS ONLY ONE POSSIBLE MEANING IN NATIONALITY TERMS. IT IS A COMMON, WORLDWIDE AND WELL-UNDERSTOOD TERM TO DESCRIBE ACQUISITION OF CITIZENSHIP. REGISTRATION ON THE OTHER HAND CAN MEAN ALMOST ANYTHING (REGISTRATION OF BIRTHS, MARRIAGES, DEATHS, CARS ETC) AND IN NATIONALITY TERMS IS, WE THINK, PECULIAR

TO BRITISH NATIONALITY LAW. UNLIKE THE TERM 'NATURALISATION'

'REGISTRATION' THEREFORE NEEDS SOME AMPLIFICATION:

M. AND N. AGREED:

0. DISAGREE. WE PREFER NOT TO INCREASE THE NUMBER OF ANNEXES.

THE ORDER AFFECTS ONLY HONG KONG AND IT SEEMS UNNECESSARY TO LIST

ALL THE OTHER DEPENDENT TERRITORIES IN THE WHITE PAPER:

P.

AGREED:

Q. ON REFLECTION, THE PRESENT WORDING SEEMS PREFERABLE:

R•

S.

Ꭲ .

AGREED:

DISAGREE. THE TITLE IS IN THE HEADING:

ALSO WE WOULD

DISAGREE. WE PREFER TO SAY 'ELIGIBLE TO APPLY FOR

REGISTRATION', RATHER THAN 'ELIGIBLE TO REGISTER'.

PREFER NOT TO REFER TO CROWN SERVICE GIVEN THAT: (A) SECTION 4 OF THE BNA 1981 REFERS ONLY TO CROWN SERVICE UNDER

THE GOVERNMENT OF A DEPENDENT TERRITORY: AND

(B) THIS PROVISION IS IN ANY CASE TO BE USED VERY SPARINGLY. WE HAVE THEREFORE THOUGHT IT PREFERABLE TO AVOID EXPLANATION OF

THE PROVISIONS OF SECTION 4 IN THE WHITE PAPER:

2

CONFIDENTIAL