CONFIDENTIAL
3.
Another difficulty with this sub-paragraph arises
>
from the fact that the first five lines establish a
class of persons, i.e. persons who on 30 June 1997 have
a certain nationality status. The remainder of this sub-
paragraph, read in conjunction with sub-paragraph 2(a),
enables members of that class to acquire the new form of
nationality before 30 June 1997. However, it seems to us
impossible for a person to establish before that date
that he is a member of the class, because he cannot say
what his nationality status will be on that date. He
cannot for example even predict that he will be alive on
that date. This difficulty seems to defeat the object of
the scheme for acquiring the new status during the next
12 years.
It may therefore be preferable to subdivide this
sub-paragraph into two parts. The first part would enable
Her Majesty by Order in Council to make provision for the
acquisition, by persons who are BDTC's by virtue only of a
connection with Hong Kong, of such other form of British
nationality as is specified in the Order. The second part
would enable Orders in Council to be made whereby persons
who immediately before 1 July 1997 are BDTC's by virtue
of a connection only with Hong Kong will on that date
cease to be such citizens. If this sub-paragraph is
recast in this way it may be possible in the process to
obviate the need to include in paragraph 2(a) the words
"before the date there mentioned".
Con
CONFIDENTIAL
/4.