TNAG-2631-FCO40-3822-Future-of-Hong-Kong-nationality-British-Nationality-(Hong-K-1992 — Page 43

CONFIDENTIAL

Fil..

CONFIDENTIAL

FM HONG KONG

TO PRIORITY F C O

TELNO 583

OF 260945Z FEBRUARY 92

AND TO PRIORITY UKREP JLG HONG KONG

INFO PRIORITY PEKING, TOKYO

114223 MDLIAN 7125

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Ho.

Miss S. Brooks

LA.

TOKYO PLEASE PASS PS/LORD CAITHNESS

YOUR TELNO 304: BRITISH NATIONALITY (HONG KONG) ACT 1990: SECTION 2(2)

WE APOLOGISE FOR NOT REPLYING EARLIER TO YOUR TELNO 2187.

X 2. THE PROBLEM REMAINS THAT, IF SECTION 2(2) OF THE BNHKA COMES

INTO FORCE BEFORE LOCAL LEGISLATION IS AMENDED TO EXTEND THE RIGHT OF ABODE TO THOSE WHO ARE NOT BDTCS AND NOT OF CHINESE RACE, SOME BENEFICIARIES OF THE BRITISH NATIONALITY SCHEME WOULD LOSE THEIR RIGHT OF ABODE IN HONG KONG.

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THE MOST IMPORTANT GROUP WHO MIGHT BE THUS AFFECTED WOULD BE NON-ETHNIC CHINESE BDTCS. WE FIND IF DIFFICULT TO ESTIMATE THE NUMBER OF SUCH PERSONS, BUT DO NOT EXPECT IT TO BE LARGE. IT WOULD, HOWEVER, BE POLITICALLY UNDESIRABLE TO DEPRIVE THIS GROUP OF THEIR RIGHT OF ABODE AS BDTCS BEFORE THE IMMIGRATION ORDINANCE IS AMENDED TO ACCORD THE RIGHT OF ABODE TO PERSONS NOT OF CHINESE RACE WHO HAVE BEEN ORDINARILY RESIDENT FOR 7 YEARS. IT WOULD BE CONTRARY TO ONE OF THE MAIN PURPOSES OF THE SCHEME, NAMELY TO ENCOURAGE BENEFICIARIES TO REMAIN IN HONG KONG.

4.

WE HAVE, AS YOU KNOW, PUT PROPOSALS TO THE CHINESE IN THE JLG FOR INTERIM AMENDMENTS TO THE IMMIGRATION ORDINANCE TO EXTEND THE RIGHT OF ABODE TO NON-CHINESE AND NON-BDTCS. HOWEVER, THIS HAS NOT YET BEEN RESOLVED. WE NEED TO REACH AGREEMENT WITH THE CHINESE IN THE JLG BEFORE WE CAN PROCEED WITH LEGISLATION. WE CANNOT MAKE A GOOD ASSESSMENT AT THIS STAGE OF WHEN DISCUSSIONS IN THE JLG ON THIS POINT WILL BE SATISFACTORILY CONCLUDED. WE HOPE THAT IT CAN BE THIS YEAR. WE WOULD BE ABLE TO MAKE THE NECESSARY AMENDMENT TO THE IMMIGRATION ORDINANCE FAIRLY QUICKLY THEREAFTER.

5. TO ENSURE THAT SUCH PERSONS WOULD NOT LOSE THEIR RIGHT OF

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