CONFIDENTIAL
5790 - 1
60, COLUMNS 237 AND 238). THE PROVISIONS IN RESPECT OF THESE
GRANDCHILDREN PARALLEL THOSE OF SECTION 17(2) AND (3) OF THE
BRITISH NATIONALITY ACT 1981. THESE PROVIDE THAT A CHILD BORN
OUTSIDE THE DEPENDENT TERRITORIES IS ENTITLED TO BE REGISTERED AS
A BDTC IF AN APPLICATION IS MADE WITHIN 12 MONTHS OF THE BIRTH
AND IF:
25.
A) HIS OR HER MOTHER OR FATHER ('THE PARENT IN QUESTION')
WAS A BDTC BY DESCENT AT THE TIME OF THE BIRTH AND
B) THE FATHER OR MOTHER OF THE PARENT IN QUESTION WAS A
BDTC OTHERWISE THAN BY DESCENT AT THE TIME OF THE BIRTH
OF THE PARENT IN QUESTION, OR BECAME SUCH A BDTC ON 1
JANUARY 1983, OR WOULD HAVE DONE SO BUT FOR HIS OR HER
DEATH: AND
C) THE PARENT IN QUESTION, UNLESS THE CHILD IS BORN
STATELESS, WAS IN A DEPENDENT TERRITORY FOR SOME PERIOD
OF 3 YEARS PRIOR TO THE BIRTH, WITHOUT BEING ABSENT FOR
MORE THAN 270 DAYS DURING THAT PERIOD.
ARTICLE 6(1) PROVIDES THAT THOSE HONG KONG BDTCS WHO HAVE
NOT ACQUIRED BN(0) STATUS, FOR WHATEVER REASON, SHOULD
AUTOMATICALLY ACQUIRE BRITISH OVERSEAS CITIZENSHIP ON 1 JULY 1997
IF THEY WOULD OTHERWISE BE STATELESS. IN ADDITION IT MAKES
SIMILAR PROVISION FOR THOSE (SOMEWHAT UNLIKELY) PERSONS WHO CEASE
TO BE BN (0)S ON 1 JULY 1997 UNDER ARTICLE 4(3), IF THEY TOO WOULD
OTHERWISE BE STATELESS.
26.
ARTICLE 6(2) CONFERS BRITISH OVERSEAS CITIZENSHIP AT
BIRTH ON CHILDREN BORN ON OR AFTER 1 JULY 1997 TO FORMER HONG
KONG BDTC IF THOSE CHILDREN WOULD OTHERWISE BE STATELESS. IT
COVERS SUCH CHILDREN BOTH OF HONG KONG BDTCS WHO BECAME BN(0)S,
AND OF THOSE WHO FAILED TO ACQUIRE BN(0) STATUS, AND WHO
THEMSELVES BECAME BRITISH OVERSEAS CITIZENS UNDER ARTICLE 6(1).
ENDS
FOR REMAINDER OF TEXT SEE MIFT.
RIFKIND
HONG KONG AGREEMENT: NATIONALITY.
LIMITED
HD/HKD
HD/FED
HD/NTD
RESEARCH DEPT.(MR WALKER)
D/HD PUSD
PS
PS/MR LUCE
PS/LADY YOUNG
PS/PUS
SIR W HARDING MR WILSON
COPIES TO:
MR ROBERTS NEWS DEPT.
MR FIFOOT LEGAL ADVISERS
MR GRAINGER, LEGAL ADVISERS
MR HYDE, HOME OFFICE
MR NICHOLSON, PASSPORT DEPT, HOME
OFFICE.
MR EMERY, B4 DIV, HOME OFFICE,
Mr Miller, MVD
CONFIDENTIAL
MAL
6.
CROYDON.