CONFIDENTIAL
26. Article 6(2) confers British Overseas citizenship at birth on
children born on or after 1 July 1997 to former Hong Kong BDTCs 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).
27.
Article 6(3) and (4) fulfil Her Majesty's Government's
commitments to second generation children if they are born
stateless. It was proposed during the passage of the Hong Kong Bill
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 British Overseas citizens parallel to
the entitlement to registration as British dependent Territories
citizens provided by sections 17(2) and (3) of the British
Nationality act 1981, which are described in paragraph 24 aobve.
28.
Article 6(5) qualifies Article 6(3) to the extent that section
17(4) of the British Nationality Act 1981 qualifies section 17(2).
That is to say, it empowers the Secretary of State to accept an
application within 6 years rather than 12 months of birth, if he
thinks fit in the special circumstances of any particular case.
Amendments to British Nationality Act 1981
29.
Article 7 sets out the amendments which will be necessary to
the 1981 Act.
30.
Article 7(2) includes BN (0)s in the categories of those
entitled to registration as British citizens under section 4 of the
British Nationality Act 1981.
Article 7(3) provides that BN(0)s will remain Commonwealth
citizens in line with other British nationals.
31.