HONG KONG

DRAFT ORDER IN COUNCIL

ARGUMENTS FOR AMENDMENT

9.

DEPRIVATION OF BN (0) STATUS

It may be argued that the provisions for deprivation should

not apply to BN (0)s.

1.

Line to take

2.

BDTCs are already liable to deprivation under the terms of

section 40(10) of the BNA 1981. There is no good reason to

exclude BN (0)s from these provisions. The power to deprive a

person of citizenship is used extremely rarely, but it would be

prudent to retain it.

Scope for amendment

3. If essential, it would be possible to exclude BN(0)s from

the provisions for deprivation. But this would lead to the

anomalous position whereby a BDTC who became a BN(0) will be

deprived of his BDTC status, but not of his BN (0) status. If it

were not fitting that he should remain a BDTC, then it follows

that it would not be fitting that he should remain a BN(0).

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