TNAG-1566-FCO40-2131-Future-of-Hong-Kong-nationality-and-passports-Hong-Kong-(Br-1986 — Page 143

HITH 340/1

RECEIVED

REGISTRY

12 MAY 1986

DESK OFFICER

INDEX

PA

REGISTRY

Action Taken

HONG KONG NATIONALITY ORDER IN COUNCIL

POINTS FOR CRITICISM

1.

CONNECTIONS WITH HONG KONG

665)

E

CRITICISM

1. Only those citizens who derive their citizenship solely from a connection with Hong Kong should cease to be British Dependent

Territories citizens after 1997.

2.

Generally

Comparison may be made with the arrangements for the loss and retention of citizenship of the United Kingdom and Colonies, (CUKC) as each dependency became an independent Commonwealth country. 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.

PROVISION IN THE ORDER

3. All those who derive their British Dependent Territories citizenship by virtue of a connection solely or partly with Hong Kong will no longer have that citizenship after 1997. The nature of the connection

is described in Article 2 of the draft Order. Article 3 withdraws citizenship from those people.

Line to Take

4. There is no precedent for 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 1985 states inter alia,

a) British Dependent Territories citizenship cannot be

retained or acquired on or after the

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