CONFIDENTIAL
Hong Kong Bill in the House of Lords to the grandchildren
of former BDTCs if they are born stateless (Official
Report: Volume 461, Number 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:
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
25.
c)
unless the child is born stateless,
the parent in question 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 BDTCs if those children would otherwise be state-
less. It covers such children both of Hong Kong BDTCs who
became BN (0)s, and of those who failed to acquire BN (0)
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