CONFIDENTIAL
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PARAGRAPH TWO
Paragraph 2 of the schedule provides an enabling power for an Order
in Council to be made, subject to affirmative resolution,
to create
a new form of British nationality which may be acquired by persons
who are British Dependent Territories citizens (BDTCs) by virtue of
a connection with Hong Kong, to withdraw BDTC status from such
persons on 1 July 1997, to make provision for avoidance of
statelessness and to make such other amendments as may be necessary
to the British Nationality Act 1981 (BNA 1981).
UK
1997.
paragraph
H MG to make such
consequence of the
in
The purpose of this
is to enable
nationality provisions as may be necessary as a
ceasing to have sovereignty or jurisdiction over Hong Kong
In particular, it permits HMG to give effect to the
nationality provisions in the United Kingdom memorandum associated
with the Joint Declaration on the future of Hong Kong.
The
memorandum was passed to the Government of the People's Republic of
China when the Joint Declaration was signed by the
Chinese Prime Ministers on 19 December 1984.
The
British and
nationality provisions of the UK Memorandum, the wording of
which had been agreed
in
(although the Chinese are not
advance with the Chinese Government
prepared publicly to acknowledge that
fact) provide that, subject to the completion of the necessary
amendments to the relevant UK legislation: -
force
in
(a) All persons who on 30 June 1997 are, by
virtue of a connection
with Hong Kong, British Dependent Territories citizens (BDTCs) under
the law in
the United Kingdom will cease to be BDTCs with
effect from 1 July 1997, but will be eligible to retain an
appropriate status which, without conferring the right of abode in
the United Kingdom, will entitle them to continue to use passports
issued by the Government of the United Kingdom. This status will be
acquired by such persons only if they hold or are included in such a
British passport issued before 1 July 1997, except that eligible
persons born on or after 1 January 1997 but before 1 July 1997 may
obtain or be included in such a passport up to 31 December 1997.
CONFIDENTIAL
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