TNAG-1568-FCO40-2134-Future-of-Hong-Kong-nationality-and-passports-Hong-Kong-(Br-1986 — Page 155

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2.

A NOTE IS BEING SENT TO ALL DIPLOMATIC MISSIONS IN LONDON

BRIEFLY EXPLAINING THE MAIN PROVISIONS OF THE ORDER AND ASKING THEM TO INFORM THEIR AUTHORITIES. A COPY OF THE NOTE IS ENCLOSED.

OUR AIM IS TO OBTAIN INTERNATIONAL RECOGNITION OF THE NEW BN(0) STATUS SO THAT BN(0)S USING PASSPORTS DESCRIBING THEM AS SUCH ENJOY THE SAME FACILITIES AS REGARDS EASE OF TRAVEL AND ENTRY INTO THIRD COUNTRIES AS ARE CURRENTLY ENJOYED BY HONG KONG BDTCS.

3.

TO SUPPLEMENT THE NOTE SENT TO MISSIONS IN LONDON I

SHOULD BE GRATEFUL IF YOU WOULD TAKE AN EARLY OPPORTUNITY TO CALL

ON OFFICIALS OF YOUR HOST GOVERNMENT AT AN APPROPRIATELY HIGH

LEVEL TO DELIVER A NOTE IN SIMILAR TERMS AND TO EXPLAIN THE NEW STATUS IN MORE DETAIL. YOU MAY DRAW FREELY ON THE INFORMATION CONTAINED IN THE ANNEX TO THIS LETTER. YOU MAY HAND OVER A PIECE

OF PAPER BASED ON THAT INFORMATION.

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WHEN SPEAKING TO OFFICIALS YOU SHOULD EMPHASISE IN

PARTICULAR THAT BN(0)S WILL TRAVEL ON NORMAL BRITISH PASSPORTS

AND WILL ENJOY THE SAME RIGHTS AS ARE ENJOYED BY HOLDERS OF BDTC

PASSPORTS. PLEASE ALSO EXPLAIN THAT BN(O)S WILL HAVE EXACTLY THE SAME RETURNABILITY TO HONG KONG, BOTH BEFORE AND AFTER 1997, AS BDTCS FROM THE TERRITORY HAVE NOW AND THAT THIS HAS BEEN AGREED

WITH THE CHINESE GOVERNMENT. FOR YOUR OWN INFORMATION, THERE

WILL ALMOST CERTAINLY BE SOME INDIVIDUALS WHO MAY ACQUIRE BN(0) STATUS BUT WHO WILL, AFTER 1997, LOSE THE RIGHT OF ABODE IN HONG KONG AND HENCE WILL NOT BE RETURNABLE THERE. THIS SITUATION

ARISES AS A RESULT OF THE TERMS OF SECTION XIV OF ANNEX I TO THE

JOINT DECLARATION, WHICH SETS OUT THE CATEGORIES OF PERSONS WHO WILL HAVE THE RIGHT OF ABODE IN HONG KONG AFTER 1997. FOR

NON-CHINESE THE ESSENTIAL REQUIREMENT IS THAT THEY SHOULD HAVE LIVED IN HONG KONG FOR A CONTINUOUS PERIOD OF 7 YEARS (NEXT WORD UNDERLINED) AND HAVE TAKEN HONG KONG AS THEIR PLACE OF PERMANENT

RESIDENCE. THIS PROVISION IS NOT ENTIRELY CONSISTENT WITH HONG KONG'S CURRENT IMMIGRATION ORDINANCE, WITH THE RESULT THAT A SMALL NUMBER OF PEOPLE (MAINLY NON-CHINESE BDTCS) MAY QUALIFY FOR

BN(0) STATUS BUT WILL NOT MEET THE PARTICULAR REQUIREMENTS OF SECTION XIV. HOWEVER, SECTION XIV DOES ALSO PROVIDE THAT ANYONE WHO, PRIOR TO 1997, HAS THE RIGHT OF ABODE (NEXT WORD UNDERLINED)

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CONFIDENTIAL