(60)
Such time Boes wned be corced by
existre
legislatia!
CODE 18-77
Mr Hoare HKD
Rok pl
HONG KONG
T423)
CONFIDENTIAL
JUKK040/4
RECEIVED I REGISTAT 24 JAN 1985
Cal
Reference
Mr Burrows Russ veale Mr kaye
7/3
NTD
wv. Grey, Home office
: DRAFT ORDER IN COUNCIL STATELESSNESS PROVISIONS
Ade sha
1. Having already commented in my minute of 21 January on the provisions in the draft-order-in-Council concerning the definition of BDTCS "by virtue of a definition with Hong Kong", I now wish to consider the proposed Article 5, which deals with the problems of statelessness which may arise in Hong Kong after 30 June 1997. As for the more technical matters, such as the precise wording
-
of other parts of the order it does not appear to me to be appropriate to make detailed comment at this stage, before the substance of the order can be said to have been finalised.
2. The provisions in the proposed Article 5 deal with the problem of statelessness in this context in two stages:-
(i)
(ii)
BOC status is conferred on those BDTCs who lose that latter status on 30 June 1997 and thereby become stateless (Article 5(1)). In reality, this means those BDTCs who for whatever reason fail to apply for BN (0) status, who are not regarded by the Chinese as Chinese nationals, and who have no other nationality.
Children of such a BOC, or of a BN (0), who would otherwise be born stateless, are given BOC status.
(Article 5(2)). Again, in practice, this means the children of BOCS in paragraph (i) above, together with children of BN (0) s who have neither Chinese nor any other nationality.
In both category (i) and category (ii), BOC status is lost if the recipient acquires any other nationality (Article 5(3)).
3. The proposed provisions will be considered from two points of view, namely:-
4.
(i)
(ii)
whether they are sufficient to enable the UK to fulfil its international obligations in respect of statelessness and
the relationship of the proposed provisions with those provisions which are already a part of UK law, in particular those under schedule 2 of the BNA 1981.
As regards the UK's international obligations, the UK has assumed certain duties under the UN Convention on the Reduction of Statelessness (which we signed on 31 August 1961 and ratified on 29 March 1966).
5. In relation to those BDTCs who will lose that status on 30 June 1997, the major obligation of the UK is laid down in Article 8 (1) of the Convention, which states:-
"1. A Contracting State shall not deprive a person of its nationality if such deprivation would render him stateless."
/The
CONFIDENTIAL