CONFIDENTIAL
STATELESSNESS
47. The Government have clearly stated their intention in this
area. It is our intention that no former Hong Kong BDTC, nor any child born on or after 1 July 1997 to such a person, should be made
stateless as a result of the arrangements envisaged in the Bill. All former Hong Kong BDTCs will be able to acquire BN (O) status if
they wish before 1 July 1997. If they do this, they will retain
that status for the rest of their lives. Any BDTCs who do not
acquire BN(O) status and would otherwise be stateless for example,
if they are not Chinese nationals and hold no other nationality
will become British overseas citizens on 1 July 1997. The children.
born on or after 1 July 1997 to former Hong Kong BDTCs who are
Chinese nationals will, of course, have Chinese nationality.
Children born to non-Chinese former BDTCs will acquire British
Overseas citizen status at birth if they would otherwise be
stateless.
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TRANSMISSIBILITY OF BOC STATUS TO FURTHER GENERATIONS
48. The proposal that children born after 30 June 1997 to non-Chinese former BDTCs should acquire BOC status automatically at birth if they would otherwise be stateless is intended to apply to the first post-1997 generation. However, we appreciate that there may be concern about potential statelessness arising among subsequent generations of non-Chinese persons. It would not be appropriate as a general principle to grant British nationality indefinitely and without restrictions to the descendants of British
nationals. However, problems of further generations and potential
statelessness
and we
are looking here into the next century are being urgently examined in response to representations made by the non-Chinese community in Hong Kong.
WHAT ABOUT THOSE IN HONG KONG WHO ARE ALREADY STATELESS?
49. There are 4,500 stateless persons of non-Chinese race in Hong Kong. They are mainly Vietnamese and Cambodians who were in Hong
Kong at the fall of Saigon and Phnom-Penh as well as a handful of other ethnic minorities. These persons, although the do not have the right to reside in Hong Kong have been granted permanent unconditonal stay after nine years of residence in Hong Kong. Those
who meet the requirements are eligible to apply for naturalisation
CONFIDENTIAL