Provisions for reducing statelessness
The
25.
Article 6 sets out the provisions proposed during the debates
on the Hong Kong Bill for avoiding or reducing statelessness.
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 than this.
The United Kingdom Memorandum restricts the acquisition of BN(0)
status to those who were BDTCs immediately before 1 July 1997. But
it is necessary to cover the (somewhat unlikely) circumstances of
people who, having acquired BN(0) status some years previously, then
renounce BDT citizenship; the two statuses are quite distinct and
there is nothing to prevent this. They will not become stateless on
renunciation of BDT citizenship because they will still have BN (0)
status but will have to lose this status too on 1 July 1997 under
article 4(3). Were they to have no other nationality, they would at
that point become stateless and the Government is committed to
ensuring that statelessness will not arise under the Order.
27.
Article 6(2) confers British Overseas citizenship on otherwise
stateless children born on or after 1 July 1997 to BN(0)s or former
BDTCS who themselves became British Overseas citizens on 1 July 1997
by virtue of this Order.