Commentary on the annexed draft Order-in-Council
Citation, commencement and extent.
8.
Article 1 sets out the citation and commencement date of the
Order and extends its scope to Northern Ireland, the Channel
Islands, the Isle of Man and Dependent Territories.
Commencement
should be no later than 1 July 1987 in order to match the normal ten
year validity period of British passports.
Connections with Hong Kong
9.
Articles 2 and 3 fall to be considered with the provisions of
paragraph 2(1)(a) of the Schedule to the Act. They have the effect
of defining the people who will lose BDTC by virtue of a connection
with Hong Kong, and the people who will be entitled to acquire
BN(0).
10.
Article 2(1) sets out in compact form and for the purposes of
nationality under the Order those people who are to be taken as
having a connection with Hong Kong. It encompasses all the
qualifying connections listed in Annex 2.
11.
The
Article 2(1)(a) takes birth or naturalisation or registration
in Hong Kong as each being a sufficient connection in itself.
Anyone born in Hong Kong before 1983, or naturalised or registered
there before that date became a BDTC on 1 January 1983 under the
British Nationality Act 1981. All these people either have or will
have the right of abode in Hong Kong, and are properly to be
regarded as BDTCs by virtue of a connection with Hong Kong.
Hong Kong Government will be making the necessary arrangements to
confer right of abode there on any of those affected who do not
already have it. No one who has the right of abode in Hong Kong
under the present arrangements will lose it (before 1997). As
regards birth in Hong Kong, article 2(1)(a) read in conjunction with
article 2(3) is so framed as to exclude birth in Hong Kong on or
after 1 January 1983 where neither parent is settled there or where
neither parent is a BDTC by virtue of a connection with Hong Kong.
(See also paragraph 19).