TNAG-2192-FCO40-3129-Hong-Kong-nationality-package-1990 — Page 54

CODE

18-77

pa.

23/4

CONFIDENTIAL

Reference

14

Rey (174

B. clause 2(2)

I have advised on this orally. We are now all agreed that a BDTC. status is not extinguished by the grant of British cityjurship and Should be retained. Pf. 11. ir

Mr Fifoo

Fifoot, Legal Advisers

Hray 340/4

нко

HONG KONG BILL: PROVISION FOR AUTOMATIC LABECEIVED BOTO STATUS

ON RECEIPT OF BRITISH CITIZENSHIP

23 MAY 1990

DESK OFFICER

1. You will recall I mentioned that HKG

UNDER DEN STRY the PA team during our recent visit to Hong Kong

Took into +Action: Taken question of whether BDTC status would automatically lapse when a successful candidate qualified for citizenship under the proposed package. This was in order to avoid contravening the British memorandum associated with the Joint Declaration which refers to BDTCs being eligible to retain a status which does not confer right of abode in the UK.

2. Home Office Legal Advisers take the view that such lapse is not automatic under present law and that it will be necessary to include a provision in the Bill to cater for this. Mrs Grimsey, Head of the Bill Team, has suggested to me that such a provision would be likely to attract attention in Parliament and that we would be bound to explain the reason for its inclusion. From the Chinese point of view this explanation might sit rather oddly with what we have been saying to them about four reasons for

-L choosing citizenship over entry clearance: ie that giving right of abode to BDTCs would breach the British memorandum whereas giving them British citizenship would not* In effect we would be seen to be having to take legal action in order to make our justification true.

3. This matter has so far not been brought to Ministers attention. In considering how to brief them on whether or not to incorporate such a provision, Mrs Grimsey has asked for a Foreign Office view on the above points. grateful for your views.

I would be

Jamania

J Morris

Hong Kong Department

13 March 1990

CC:

Mr McLaren

Mr Paul

Ms Major

This begs Re question of whether

use

this

argument

we should

wite the cúmmer in

explaining the pucilage to them.)

MTHAQH

CONFIDENTIAL