The Government have now considered this problem further,
particularly in view of the considerable anxieties expressed in this
House. We accept that there is considerable concern in Hong Kong
among the non-Chinese BDTCs about the problem of potential statelessness in subsequent generations, and this is something which
the Government takes very seriously. I think I must repeat the view
previously expressed that it would not
it would not be proper as a general principle to grant British nationality indefinitely and without
restrictions to the descendants of British nationals resident in a
foreign country. We have however decided that in the case of second generation children whose grandparents were Hong Kong BDTCs before
1997, and who would otherwise be stateless, it would be right to
give them a similar entitlement to acquire British nationality to that which they would have had under the British Nationality Act
1981 if their parents and grandparents had remained BDTCs.
The relevant provisions of the British Nationality Act are contained
in Sections 17 (2) and (3) (a) and (b) of the BNA. The provisions we
envisage would be exactly parallel to this. They would provide that
a minor would be entitled to be registered as a British Overseas Citizen on an application made within 12 months of the date of birth
if
and
1) He was born stateless
2) One of his parents was a person who would have been a BDTC
by descent at the
the time of his birth, if it were not for the
provisions to be made under this Act
3) One of his grandparents was a person who would have been
BDTC other than by descent at the time of the birth of the
parent in question.
The general effect of this would be that a second generation child
descended from a Hong Kong BDTC who was a
BDTC otherwise than by
descent would be entitled to be registered
as a British Overseas
Citizen. I should add that in the case of a child not so registered
within 12 months
Secretary, if he
of birth it would still be open to the Home
saw fit,
fit, to register him under Section 27(1) of the