TNAG-2936-FCO40-4211-Future-of-Hong-Kong-nationality-British-National-(Overseas)-1993 — Page 153

see

227

CONFIDENTIAL

FM HONG KONG

CONFIDENTIAL

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RECEIVER

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Myndfee please tax to My Kelly (takes ages

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vice the post).

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-6 SEP 1993

TO IMMEDIATE FCO

DESK OFFICER

give Kery tag to the

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GISTA

TELNO 1420

INDEX

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Action Tare

OF 03094OZ SEPTEMBER 93

22

YOUR TELNO 767 : BDTC/BNCO) PASSPORT ARRANGEMENTS FOR BRITISH

CITIZENS

WE AGREE WITH THE ENDORSEMENT OF A BC PASSPORT PROPOSED IN PARA. 2 OF TUR, WHICH MIRRORS THE EXISTING ENDORSEMENT FOR BDTCS.

1.

2.

AS REGARDS PARA. 3 OF TUR, WE AGREE THAT THE GREAT MAJORITY OF BN (0)S SHOULD HAVE RIGHT OF ABODE IN HONG KONG AFTER 1997. BUT THERE WILL CERTAINLY BE SOME FOREIGN (NON-CHINESE) PASSPORT HOLDERS, INCLUDING BOTH ETHNIC CHINESE AND NON-CHINESE BCS, WHO ARE LIKELY TO LOSE THAT RIGHT OF ABODE IN 1997. THE NUMBER IN THIS CATEGORY WILL DEPEND CRUCIALLY ON THE PRECISE INTERPRETATION OF ARTICLE 24 OF THE BASIC LAW WHICH IS EVENTUALLY AGREED BY THE CHINESE, IN PARTICULAR

-

(A) WHO IS A CHINESE NATIONAL, AND WHO IS NOT: AND

(B) THE RESIDENCE QUALIFICATION.

WE SHOULD, HOWEVER, EXPECT THAT THERE WILL BE ETHNIC CHINESE

BN (0)S, WHO ARE ALSO BCS, WHO WILL AS A RESULT NOT BE CONSIDERED TO BE CHINESE CITIZENS, AND WHO WILL HAVE TO MEET THE RESIDENCE QUALIFICATIONS FOR FOREIGN NATIONALS IN ORDER TO RETAIN THE RIGHT OF ABODE IN HONG KONG AFTER 1997.

1 1

3. WE STILL HAVE DIFFICULTY WITH YOUR PROPOSED PROCEDURE FOR REGISTERING AS A BN (0) A BDTC WHO IS A BC PASSPORT HOLDER. IN PROPOSING THE BN (0) PHASED REGISTRATION PROGRAMME, WE HAVE CONSISTENTLY SAID THAT TO ACQUIRE BN (0) STATUS A PERSON MUST HOLD A BN (0) PASSPORT THAT ''HOLD MEANS PHYSICAL POSSESSION, AND THAT ENDORSEMENT OF A BDTC PASSPORT IS NOT SUFFICIENT FOR THIS PURPOSE. THIS WAS IN ACCORDANCE WITH OUR LEGAL ADVICE ON THE INTERPRETATION OF THE UK MEMORANDUM (JD 227), WHICH LINKED RETENTION OF THE BNCO) STATUS AFTER 1 JULY 1997 TO THE HOLDING OF A BN (O) PASSPORT ISSUED BEFORE 1 JULY 1997. WE UNDERSTOOD THAT YOU AND THE HOME OFFICE AGREE WITH THIS WHEN WE PROPOSED THIS LINE TO TAKE AT THE LEGCO SUBCOMMITTEE MEETINGS (YOUR TELNO 425 OF 5 MAY). TO PERMIT

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