HONG KONG
DRAFT ORDER IN COUNCIL
NOTES ON ARTICLES
AL
ARTICLE 7: BRITISH NATIONALITY ACTS
1.
Article 7 sets out the amendments which will be necessary
to the British Nationality Act 1981 and British Nationality
(Falkland Islands) Act 1983 in order to incorporate in this
legislation the new status of BN(0).
2.
Article 7(2) includes BN (0)s in the categories of those
eligible to apply for registration as British citizens under
section 4 of the 1981 Act.
3.
Article 7(3) provides that BN (0)s will remain Commonwealth
citizens under section 3 of the 1981 Act in line with other
British nationals.
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4.
Article 7(4) includes the Order in the regulation and
Order making powers of section 41 of the BNA 1981.
a)
Section 41(1) empowers the Secretary of State to make
regulations to provide for carrying into effect the purposes
of the Act. As far as the Order is concerned the most important
of these concerns the manner in which, and the persons to and
by whom applications for registration as BN (0)s may be made.
The intention is that the bulk of the applications should be
processed by the Governor of Hong Kong The regulations
governing this and the method of application and other related
matters will be made later. Article 7(4)(a), (b) (c) empower
the Secretary of State to make such regulations.
b)
"
Section 41(2) empowers the Secretary of State to charge
fees in connection with applications for citizenship effecting
of registrations, supplying copies of certificates, carrying
out searches, etc. Article 7(4)(d) ensures that no fee will be
charged for registration as a BN(0) (although there will be a
fee for issuing a passport).