TNAG-1386-FCO40-1834-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 107

HONG KONG DRAFT ORDER IN COUNCIL

ARGUMENTS FOR AMENDMENT

1.

CONNECTIONS WITH HONG KONG AND LOSS OF

BRITISH DEPENDENT TERRITORIES CITIZENSHIP

1.

This relates to Articles 2 and 3 of the Order, which should

be read together. Article 2 defines what constitutes a connection

with Hong Kong for the purpose of the Order; Article 3 provides

for loss of BDTC by those who have that status by virtue of an

Article 2 connection.

2.

Scope of Article 2 and 3

It may be argued that Articles 2 and 3 are too widely drawn, and

Thing

that should apply only to those people who derive their BDT

citizenship solely from a connection with Hong Kong.

3. If this argument is proposed, comparison may be made with

the arrangements for the loss and retention of citizenship of the

United Kingdom and Colonies as each dependency became an

independent Commonwealth country. Generally speaking, those

connected with the newly independent country did not lose CUKC

status if they, their fathers or paternal grandfathers were born,

registered or naturalised in the UK or a remaining dependency.

Line to Take

4.

There is no comparison with the Hong Kong situation. It

would be wrong and contrary to the UK Memorandum associated with

the Joint Declaration and the Hong Kong Act to allow those whose

claim to citizenship is partly based on their connection with Hong

Kong to retain that citizenship after the connection is broken

in 1997.

5.

The UK Memorandum refers to "all persons who

are

by virtue of a connection with Hong Kong, British Dependent

Territories citizens". Paragraph 2(1) of the Schedule to the

Hong Kong Act states inter alia,

a)

British Dependent Territories citizenship

cannot be retained or acquired on or after the