TNAG-2936-FCO40-4211-Future-of-Hong-Kong-nationality-British-National-(Overseas)-1993 — Page 148

RF

MMD 340/1

- 7 SEP 1993

IN

CONFIDENTIAL

FM HONG KONG

TO PRIORITY FCO

TELNO 1421

Two Taksi

OF 030951Z SEPTEMBER 93

SECTION 2(2)

CONFIDENTIAL

Mr que discuss pling if you

The Barnes Jones

I have copied & Me Kelly and asked him for

his views on

Konge proposal.

ع المعه

021576 MDLIAN 4967

TO COPY

Heng Q DIST?

Woodon 19.

BRITISH NATIONALITY CHONG KONG) ACT 1990

1.

UNDER SECTION 2(2) OF THE BRITISH NATIONALITY (HONG KONG) ACT 1990, A PERSON WHO HAS ACQUIRED BRITISH CITIZENSHIP UNDER THE ACT SHALL CEASE TO BE A BRITISH DEPENDENT TERRITORIES CITIZEN (BDTC) WHEN THE SUBSECTION COMES INTO FORCE. WE PROPOSE TO SEEK THE VIEWS OF THE GOVERNOR'S STEERING COMMITTEE ON THE MATTER AND WOULD LIKE TO HAVE YOUR ADVICE BEFORE PROCEEDING.

2. AFTER CAREFUL CONSIDERATION, WE HAVE CONCLUDED THAT IT WOULD NEITHER BE ADVISABLE NOR PRACTICABLE TO IMPLEMENT SECTION 2(2). AS A MATTER OF PRINCIPLE, IT WOULD NOT BE RIGHT TO REMOVE THE BDTC STATUS OF A PERSON WHO HAS OBTAINED BRITISH CITIZENSHIP UNDER THE 1990 ACT WHILE THOSE WHO HAVE ACQUIRED BRITISH CITIZENSHIP THROUGH OTHER MEANS ARE ABLE TO RETAIN THE STATUS. THIS WOULD EXPOSE THE IDENTITY OF BENEFICIARIES OF THE BNS, WHICH WOULD GO AGAINST THE ASSURANCES WE HAVE GIVEN TO THE PUBLIC. A FURTHER PROBLEM WOULD BE THE POSSIBLE LOSS OF THE RIGHT OF ABODE IN HONG KONG FOR CERTAIN GROUPS OF BNS BENEFICIARIES, SUCH AS ETHNIC MINORITIES, CHILDREN UNDER THE AGE OF 7 AND THOSE WHO HAVE BEEN RESIDENT IN HONG KONG FOR LESS THAN 7 YEARS BUT HAVE BECOME BDTC'S THROUGH MARRIAGE.

3. AN EXERCISE TO CANCEL THE BDTC STATUS OF BNS BENEFICIARIES WOULD ALMOST CERTAINLY RECEIVE A VERY STRONG ADVERSE REACTION IN HONG KONG. THERE WOULD ALSO BE PRACTICABLE DIFFICULTIES IN IMPLEMENTING IT, AS IT WOULD NOT BE POSSIBLE TO TRACE THE WHEREABOUTS OF ALL BNS BENEFICIARIES AND RETRIEVE BDTC/BNO PASSPORTS FROM THEM. THE CONTINUATION IN CIRCULATION OF LARGE NUMBERS OF INVALID BN (0) PASSPORTS COULD SERIOUSLY UNDERMINE THE INTEGRITY OF THE BN(O) PASSPORT.

4.

THE RATIONALE FOR HAVING SECTION 2(2) IN THE ACT IN THE FIRST PLACE WAS TO AVOID POSSIBLE INFRINGEMENT OF JOINT DECLARATION 226. THE RELEVANT PARAGRAPH OF THE DECLARATION STATES THAT

''ALL PERSONS WHO ON 30 JUNE 1997 ARE, BY VIRTUE OF A CONNECTION

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