CONFIDENTIAL
14. Article 2(3): This is the "exception to loss" clause. At this
stage it is purely illustrative, pending a final decision on who should be
excepted. It refers only to the post 1 January 1983 situation, for the
reasons set out in the covering letter, namely that settlement was not an
issue prior to 1983. Birth alone in Hong Kong was sufficient to confer
CUKC status, and therefore clearly established a "separate" Hong Kong
BDT citizenship, irrespective of the nationality or immigration status
of the parents. To attempt to provide for the pre-1983 provision would
probably be unworkable, given that we are not merely concerned with young
children born in recent years, but also with older people whose parents
may have been born in Hong Kong prior to the 1948 Act, and certainly prior
to the existence of the term "settled".
Loss of British Dependent Territory citizenship
15.
Article 3: this provides for those people previously defined as
BDTCS by virtue of a connection with Hong Kong to lose that citizenship on
1 July 1997, but excludes those persons who can establish a "separate"
route to BDTC by a connection another dependent territory.
would not meet the requirement of Article 3(b), and would therefore
automatically be excepted from loss of their citizenship.
Such persons
Right to acquire new status of British National (Overseas)
16. Article 4(1) specifies the date on which the new nationality will
come into being. In order to fit in with the normal validity period of
passports, it is intended that it should be introduced ten years before
the handover date. (BN(0) passports could not, of course, be issued before
this date).
17.
Article 4(2) enables Hong Kong BDTCs to acquire BN (0) status, as
a matter of entitlement. The words in square brackets await a decision
as to whether excepted "separate" BDTCs should be eligible to apply for
BN(0) status. If so, they will need to be omitted.
18.
Article 4(3) is necessary to accord with the wording of the
Memorandum. In order to be eligible to retain BN(0) status a person must
be a BDTC on 30 June 1997. A person who acquires BN(0) status and
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