TNAG-1385-FCO40-1833-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 93

OCMIAN 4115

CONFIDENTIAL

OO HOKON

FM FCOLN TO HOKON

041100Z OCT

GRS 376

CONFIDENTIAL

FM FCO

TO IMMEDIATE HONG KONG

TELNO 1476

OF 041100Z OCTOBER 85

INFO IMMEDIATE PEKING

CONFIDENTIAL

14115

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1

MY 3 IPTS: HONG KONG AGREEMENT: NATIONALITY ORDER IN COUNCIL

FOLLOWING IS REMAINDER OF FINAL TEXT OF WHITE PAPER.

BEGINS

27.

ARTICLE 6(3) AND (4) FULFIL HER MAJESTY'S GOVERNMENT'S COMMITMENTS TO GRANDCHILDREN BORN AFTER 1 JULY 1997 OF FORMER HONG KONG BDTCS IF THE GRANDCHILDREN ARE BORN STATELESS. IT WAS PROPOSED DURING THE PASSAGE OF THE HONG KONG BILL THAT THE AUTOMATIC PROVISIONS MADE FOR THE FIRST GENERATION SHOULD NOT APPLY TO THE SECOND GENERATION, BUT THAT THEY SHOULD HAVE AN ENTITLEMENT TO REGISTRATION AS BOCS PARALLEL TO THE ENTITLEMENT TO REGISTRATION AS BDTCS PROVIDED BY SECTIONS 17(2) AND (3) OF THE BRITISH NATIONALITY ACT 1981, WHICH ARE DESCRIBED IN PARAGRAPH 24 ABOVE.

28. ARTICLE 6(5) QUALIFIES ARTICLE 6(3) TO THE EXTEND THAT SECTION 17 (4) OF THE BRITISH NATIONALITY ACT 1981 QUALIFIES SECTION 17(2). THAT IS TO SAY, IT EMPOWERS THE SECRETARY OF STATE TO ACCEPT AN APPLICATION WITHIN 6 YEARS RATHER THAN 12 MONTHS OF BIRTH, IF HE THINKS FIT IN THE SPECIAL CIRCUMSTANCES OF

ANY PARTICULAR CASE.

AMENDMENTS TO BRITISH NATIONALITY ACT 1981

29.

ARTICLE 7 SETS OUT THE AMENDMENTS WHICH WILL BE NECESSARY

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