APPENDIX 2
CHINESE AND BRITISH NATIONALITY LAW FOR PEOPLE FROM HONG KONG
Chinese nationality law
■ forbids dual nationality (Article 3)
■allows Chinese nationality to anyone born in China whose parents are Chinese nationals or one of whose parents is a Chinese national (Article 4)
■allows Chinese nationality to anyone born abroad with one parent who is a Chinese national; unless the Chinese parent(s) has/have settled abroad and the child acquired foreign nationality at birth (Article 5)
allows the children of those settled in China who are stateless or of uncertain nationality to become Chinese nationals (Article 6)
■permits the acquisition of Chinese nationality by aliens or stateless people if they are close relatives of Chinese nationals, or have settled in China, or have other legitimate reasons. (Article 7). (This is wholly discretionary, and no criteria are given.)
British nationality proposals for peole from Hong Kong are in the Draft Order in Council of 17 October 1985 (Cmnd 9637). They provide that
■ British Dependent Territories status for people from Hong Kong will cease on 1 July 1997 (s.3)
■ from 1 July 1987, Hong Kong BDTCs may apply to register and acquire a new status, British National (Overseas) (s.4); this will be possible only until 1 July 1997 (or before the end of 1997 in the case of children born during that year).
any Hong Kong BDTC who does not register as a British National (Overseas) and has no other citizenship will automatically become a British Overseas citizen (s.6(1))
■a child born on or after 1 July 1997 to a British National (Overseas) or a British Overseas citizen under s.6(1) and who would otherwise be stateless will acquire British Overseas citizenship (s.6(2))
a child born on or after 1 July 1997 to a parent a) who is a British Overseas citizen by virtue of s.6(2) and b) whose father or mother was immediately before 1 July 1997 a Hong Kong BDTC otherwise than by descent, will be entitled to be registered as a British Overseas citizen within twelve months of the birth if s/he would otherwise be stateless.
British National (Overseas) status and British Overseas citizenship carry no right of abode in British law and cannot be passed on to children.
31