CONFIDENTIAL
- 15
-
status and of the passports pertaining to it. Ministers may wish to
take the line that it would not be appropriate to include such
details in the Bil1.
Its function is to provide an enabling power
for the drafting of
debated in Parliament.
Order an
be
in Council, which
itself will
There has not yet been time to reach final
decisions on all the detailed arrangements that will be required. These arrangements will necessitate consultation with the Hong Kong
Government and the Executive Council of Hong Kong.
STATELESSNESS
There
was
considerable
in concern
the House of
Commons and in the
of
Second Reading in the House of Lords about the question
statelessness.
The Government has stated clearly that it is its intention. that no
former Hong Kong BDTC, nor any child born on or after 1 July 1997 to
made stateless as a result
arrangements envisaged in the Bill.
such
a
person,
should
be
of
the
A 11 former Hong Kong BDTCs will
will be able to acquire BN (0) status i f
they wish before 1 July 1997. Any BDTCs who do not acquire BN (0)
and would otherwise be stateless, for example if they are not
Chinese nationals and
and do not
not hold any other nationality, will become
BOCs on 1 July 1997. The children born on or after 1 July 1997 to
former Hong Kong BDTCs who
Chinese nationals will have Chinese
nationality. Children born to non-Chinese former BDTCs will acquire
BOC status at birth if they would otherwise be stateless.
are
There could also be concern about potential statelessness among
subsequent generations.
Ministers are considering this matter urgently and we are awaiting
EXCO's views. In the meantime Ministers have taken the line that:
non-Chinese
The proposal that children born after 30 June 1997 to
former BDTCs should acquire BOC status automatically at birth if
otherwise they would
be stateless is intended to apply to the first
post-1997 generation.
Concern
about
may be
subsequent
appreciate that there
arising among
However, we
potential
statelessness
CONFIDENTIAL