CONFIDENTIAL
The Chinese Government in their Memorandum state that all Hong Kong
Chinese compatriots, whether they are holders of the BDTC passport or
not, are Chinese nationals. But taking account of the historical background of Hong Kong and its realities, the competent authorities of
the Chinese Government will, with effect from 1 July 1997, permit Chinese
nationals in Hong Kong who were previously BDTCs to use travel documents
issued by the United Kingdom Government for the purpose of travelling to
other states and regions.
5.
It follows from the terms of the United Kingdom Memorandum that the
status that Hong Kong BDTCs will be eligible to retain will not be
transmissible to any subsequent generation and that only those people who
are already BDTCs by virtue of a connection with Hong Kong on 30 June
1997 may retain it.
6.
The Hong Kong Act sets out the framework within which the Order in
Council will fit. The Act allows for provision to be made by Order in
Council whereby BDT citizenship cannot be retained or acquired on or
after 1 July 1997 by virtue of a connection with Hong Kong, and whereby
BDTCs by virtue of any such connection may before that date (or up to 31
December 1997 for persons born in the first six months of that year)
acquire a new form of British nationality. The holders of the new
nationality will be known as British Nationals (Overseas) (BN(0)).
Hong Kong Act also provides that such an Order may, inter alia:
provide that the new status may be held on or after
1 July 1997 only by people who are BDTCs on
30 June 1997;
make provision for the avoidance of statelessness; and
make such other consequential provisions as may be
necessary for the purpose of the Order, including
provisions amending the British Nationality Act 1981
and any other enactment.
The
The annexed draft Order in Council has been prepared within this
framework.