TNAG-1560-FCO40-2124-Future-of-Hong-Kong-nationality-and-passports-Hong-Kong-(Br-1986 — Page 61

If one

of the parents was born, reg'dere. in Hong Kong,

is unsatisfactory to base nationality issues on an interpretation of an Immigration Ordinance.

་

4. A further anomaly is that a child born in Hong Kong of non-Hong Kong BDTC parents who are not settled in Hong Kong will not be regarded as a BDTC by virtue of a connection with Hong Kong' for the purposes of the Hong Kong Nationality Order in Council. It seems illogical that a child born in Gibraltar of non-Gibraltarian parents who are settled in Hong Kong should be regarded as having a connection with Gibraltar and thereby an entitlement to registration as a British citizen. As our definition of a UK national for EC purposes stands, however, that seemed to be the situation. The child will of course be regarded as having a connection with Hong Kong, resulting in his loss of BDTC status in 1997, but in the meantime he can have acquired British citizenship.

5.

In his minute of 26 November Mr Hill asked that the papers should be referred back to the Legal Advisers when the Home Office views were received. Mr Weekes' letter of 10 December confirms that the Home Office share our view that there are differences of interpretation between ourselves and Gibraltar as to eligibility for Section 5 registration. We could ask Gibraltar if they would consider further amending their Immigration Control Ordinance, to bring it into line with our definition of a UK national for EC purposes, although this would not of course close the anomalous loophole of providing a possible channel for registration as British citizens to children born in Gibraltar between 1.1.83 and 30.6.97 of parents settled in Hong Kong.

6. I shall be grateful for your views on the line we should take.

F

H

17 February 1986

1

Y Jeale (Miss)

Nationality & Treaty Dept. (CL501 213-5159)