TNAG-1558-FCO40-2122-Future-of-Hong-Kong-nationality-and-passports-Hong-Kong-(Br-1986 — Page 19

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

E.R.

British Dependent Territories citizens who will be entitled to

become BN(0)s and will have the right to abode in Hong Kong.

Furthermore, the Hong Kong Act does not allow us to use the Order

to grant British citizenship to those British Dependent

Territories citizens who have another nationality, and do not

therefore risk statelessness; nor to those who are not British

Dependent Territories citizens, even if we thought it right to

do so.

We will of course consider any individual application made under

section 4(5) of the British Nationality Act 1981 on the grounds

of Crown service under the Government of Hong Kong. But I would

remind your Lordships that the Government made it clear during

the passage of the 1981 Bill that the discretion under this

section would be used very sparingly, and that the key factor

in each case would be the quality of service. I cannot predict

what the outcome of any application might be, but we should have

to look at each one in the light of this criterion. I should

also add that this section cannot apply to persons who were in

service under the Government of the United Kingdom, which may be

the case for a number of these former servicemen.

The Government believe, therefore, that the provisions in Article 6,

together with the agreement, constitute the most satisfactory,

reliable and fair way of providing the people of Hong Kong with

what they want; that is to say British nationality and the right

to continue to live and work in Hong Kong. The Government have

also made it plain that if any British national were forced to

leave Hong Kong and had nowhere else to go, we would expect the

Government of the day to consider sympathetically whether to

admit them on a case by case basis in the light of their par-

ticular circumstances. But our minds are not closed, and I shall

listen carefully to your Lordships views in these matters.

/My Lords,

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