CONFIDENTIAL
under section 12(3) of the BNA 1981. On balance, the course proposed in
the draft Order seems better.
22.
Article 6(2): this provision caters for the otherwise stateless
children born on or after 1 July 1997 of BN(0)s or former BDTCs who
themselves became BOCs on 1 July 1997.
23.
Article 6(3): this provision fulfils the Government's commitments
to second generation children if they are born stateless. Ministers
agreed that the automatic provisions made for the first generation should
not apply to these children, but that they should have an entitlement to
registration as BOCs parallel to the entitlement to registration as BDTCs
provided by section 17(2) and (3) of the BNA 1981.
Article 6(4):
24.
of the BNA 1981.
this follows the relevant provisions of section 17(3)
25.
Article 6(5).
There is no specific Ministerial authority to extend
the twelve month time limit to six years. But to the extent that
Article 17(4) of the BNA 1981 qualifies section 17(2), then it would appear
that a similar qualification is required here.
26.
Article 6(6). Normally, a BOC does not automatically lose this
status if he takes another nationality. But it was thought that in the
Hong Kong circumstances those who had acquired BOC under these arrangements simply on the basis of their statelessness should lose it if they acquired
another nationality. But so far as we can tell there is no Ministerial
approval for taking this course, and there may be justifiable objections
to our seeking to create two classes of BOC in this way. This provision
is therefore placed in square brackets for further consideration.
British Nationality Act 1981
27.
Article 7 sets our the amendments which will be necessary to the
BNA 1981.
28.
Article 7(2) fulfils the commitment to include BN (0)s in the
categories of those entitled to registration under section 4 of the
BNA 1981.
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