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DEPRIVATION OF BDTC STATUS IF THIS IS DONE BEFORE JULY 1997.
REMOVAL OF HONG KONG FROM LIST OF DEPENDENT TERRITORIES
23.
ARTICLE 5 DELETES HONG KONG FROM THE LIST OF BRITISH
DEPENDENT TERRITORIES IN SCHEDULE 6 TO THE BRITISH NATIONALITY
ACT 1981 AS FROM 1 JULY 1997.
PROVISIONS FOR REDUCING STATELESSNESS
24.
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-ONE WHO LOSES
BDTC STATUS AS A RESULT OF THE ORDER (HEREAFTER 'FORMER BDTC')
NOR ANY CHILD BORN ON OR AFTER 1 JULY 1997 TO SUCH A PERSON,
SHOULD BE STATELESS AS A RESULT OF THE JOINT DECLARATION. 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 (OPEN SQUARE BRACKETS) FOOTNOTE (1)
OFFICIAL REPORT: VOLUME 461, NUMBER 60, COLUMNS 237/8. (CLOSE
SQUARE BRACKETS) 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 STATELESS
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:
25.
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.
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 (BOC) ON 1
JULY 1997 IF THEY WOULD OTHERWISE BE STATELESS.
26.
ARTICLE 6(2) CONFERS BRITISH OVERSEAS CITIZENSHIP
AUTOMATICALLY AT BIRTH ON CHILDREN BORN ON OR AFTER 1 JULY 1997
TO FORMER HONG KONG BDTCS IF THOSE CHILDREN WOULD OTHERWISE BE
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