CONFIDENTIAL
2550 - 1
AUTOMATICALLY BE EXCEPTED FROM LOSS OF THEIR BDTC CITIZENSHIP.
RIGHT TO ACQUIRE NEW STATUS OF BRITISH NATIONAL (OVERSEAS)
21. ARTICLE 4(1) SPECIFIES THE DATE ON WHICH BN(0) WILL COME
INTO BEING. IN ORDER TO FIT IN WITH THE NORMAL VALIDITY PERIOD
OF PASSPORTS, IT IS INTENDED THAT IT SHOULD BE INTRODUCED 10 YEARS BEFORE 1 JULY 1997.
22.
ARTICLE 4(2) ENABLES HONG KONG BDTCS WHO LOSE THAT
CITIZENSHIP ON 1 JULY 1997 TO ACQUIRE BN(0) STATUS BY
REGISTRATION AS A MATTER OF ENTITLEMENT. THE REFERENCE TO
PASSPORTS COMPLIES WITH THE WORDING OF THE UNITED KINGDOM
MEMORANDUM.
23. ARTICLE 4(3) ACCORDS WITH THE INTENTION OF THE UNITED
KINGDOM MEMORANDUM. IN ORDER TO BE ELIGIBLE TO ACQUIRE BN(0)
STATUS A PERSON MUST BE A BRITISH DEPENDENT TERRITORIES CITIZEN
ON 30 JUNE 1997. A PERSON WHO ACQUIRES BN(0) STATUS AND
SUBSEQUENTLY RENOUNCES OR IS DEPRIVED OF BDTC STATUS BEFORE 30
JUNE WILL NOT MEET THIS REQUIREMENT, AND CANNOT THEREFORE RETAIN
BN(0) STATUS BEYOND THAT DATE.
REMOVAL OF HONG KONG FROM LIST OF DEPENDENT TERRITORIES
24. ARTICLE 5 DELETES HONG KONG FROM THE LIST OF DEPENDENT
TERRITORIES ON 1 JULY 1997.
PROVISIONS FOR REDUCING STATELESSNESS
25. ARTICLE 6 SETS OUT THE PROVISIONS PROPOSED DURING THE
DEBATES ON THE HONG KONG BILL FOR AVOIDING OR REDUCING
STATELESSNESS. THE UNDERLYING PRINCIPLE IS THAT NO FORMER BDTC,
NOR ANY CHILD BORN ON OR AFTER 1 JULY 1997 TO SUCH A PERSON,
SHOULD BE STATELESS AS A RESULT OF THE AGREEMENT. THIS PRINCIPLE
WAS EXTENDED IN THE COMMITTEE STAGE OF THE 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 PARALLEL THOSE OF SECTION 17(2) AND
(3) OF THE BRITISH NATIONALITY ACT 1981.
26.
ARTICLE 6(1) PROVIDES THAT THOSE 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 THE PROVISION GOES FURTHER
7
CONFIDENTIAL