TNAG-1568-FCO40-2134-Future-of-Hong-Kong-nationality-and-passports-Hong-Kong-(Br-1986 — Page 165

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(E)

(F)

5.

SENTENCE. BN (0)S WILL NOT EXIST UNTIL THE IMMIGRATION ORDINANCE HAS BEEN AMENDED. WE THINK THE SENTENCE IS

THEREFORE CORRECT.

PARA C(C). AGREED. WE HAVE AMENDED THE SENTENCE TO READ: QUOTE THE ISSUE OF PASSPORTS ENDORSED WITH THE NEW STATUS WILL COMMENCE FROM THE INTRODUCTION OF THE STATUS

ON 1 JULY 1987 UNQUOTE.

THE ONLY REMAINING QUESTION IS HOW TO COVER THE POINT THAT THERE MAY BE A SMALL NUMBER OF BN(0)S WHO, AFTER 1997, DO NOT HAVE THE RIGHT OF ABODE IN THE SAR. THIS AFFECTS PARA 5 OF THE NOTE TO MISSIONS, PARA 4 OF THE LETTER TO HEADS OF UK MISSIONS AND PARA 10 OF THE ANNEX TO THAT LETTER. WE HAVE CONCLUDED THAT WE MUST DRAW ATTENTION TO THE POINT, WHILE EMPHASISING THAT IT COULD ONLY HAPPEN TO THOSE WITH A RIGHT OF ABODE ELSEWHERE AND

NOT/NOT MAKING IT APPEAR SIGNIFICANT IN TERMS OF NUMBERS OF THOSE AFFECTED. (OUR OWN ESTIMATE IS THAT THOSE

AFFECTED ARE LIKELY TO BE OF THE ORDER OF 0.01 PER CENT OF ALL POTENTIAL BN(0)S. GRATEFUL TO KNOW WHETHER YOU THINK THIS IS ABOUT RIGHT.) WE ARE THINKING IN TERMS OF A

PASSAGE ON THE FOLLOWING LINES:

QUOTE THERE MAY BE A VERY SMALL NUMBER OF INDIVIDUALS WHO, BY VIRTUE OF THE TERMS OF SECTION XIV OF ANNEX I TO THE JOINT DECLARATION, WILL LOSE THE RIGHT OF ABODE IN HONG KONG AFTER 30 JUNE 1997. THE PROVISIONS OF THE JOINT DECLARATION ENSURE, HOWEVER, THAT THIS WILL ONLY AFFECT INDIVIDUALS WHO HAVE THE RIGHT OF ABODE (AND HENCE

ARE RETURNABLE) ELSEWHERE UNQUOTE.

WE HAVE ADDED THIS AS A FINAL SENTENCE IN PARENTHESES IN

PARA 5 OF THE NOTE AND AS A FOOTNOTE TO PARA 10 OF THE

ANNEX. WE HAVE SPELT THE POSITION OUT A LITTLE MORE

FULLY IN THE LETTER.

NUMBERS. AN OBVIOUS QUESTION NOT ANSWERED IN OUR EARLIER

DRAFTS AND WHICH THIRD COUNTRIES WILL WANT TO KNOW IS: HOW MANY

PEOPLE ARE INVOLVED. WE HAVE INCORPORATED A PARAGRAPH IN THE

ANNEX TO THE LETTER TO HEADS OF UK MISSIONS TO COVER IT.

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