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10
-
by 31 December 1997 if they were born in 1997 before 1 July). The
latter will allow a short period of grace after the relevant date
for the parents of newly born children to opt on their behalf to
fixed by the UK Memorandum
acquire the new status. The peri od
and cannot be extended.
A n
is
at the Committee stage in the House
title of the new form of nationality
-
of
amendment was introduced
Commons to incorporate the
British National (Overseas)
The title was agreed by the
Chinese Government, and was first announced by the Secretary of
State at the Second Reading in the House of Commons. The reaction
to the title in Hong Kong was favourable, and the Governor and
Executive Council advised that the title should be incorporated
in
the Bill at the Committee stage.
in paragraph 2(1)(b) of the Schedule.
Hong Kong Executive Council and the
in
Paragraph 2(2) provides that the Order in Council may set a cut-off
date or dates before 1 July 1997 by which time applications
respect of the new status must be made in
valid, and that this status may be retained
are BDTCs on 30 June 1997.
in
order for them to be
1997 by persons who
The first provision is required in order
to allow sufficient time for applications to be processed SO that
applicants who choose to acquire the new status will get it before 1
July 1997; the second is to prevent someone who has acquired the new
status from retaining it if he ceases to be a BDTC before 1 1 July
1997. Both these are necessary
to accord with the provisions of the
UK memorandum.
Paragraph 2 (3)
provides that the Order
provision for the avoidance of
statelessness
in
Council may make
and may contain such
provisions as
are
supplementary, transitional and consequential
considered necessary or expedient for the purposes of the Order,
including provisions amending the British Nationality Act 1981 and
other legislation.
The first provision reflects the United
Kingdom's obligations under the UN Convention on the Reduction of
Statelessness and commitments
and 10 December 1984.
provison will need to be made
to former Hong Kong BDTCs who
made by Ministers in Parliament on 5
The main categories of persons for whom
are i) children born after 1 July 1997
are not regarded as Chinese nationals,
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