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3737
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IS DEBATED IN PARLIAMENT, AND YOU MAY FIND THE FOLLOWING
BACKGROUND AND DEFENSIVE POINTS HELPFUL.
BACKGROUND
4.
AS PART OF THE PACKAGE THAT MADE UP THE HONG KONG
AGREEMENT WE HAD TO AGREE THAT IT WOULD NO LONGER BE POSSIBLE TO
ACQUIRE BRITISH DEPENDENT TERRITORIES CITIZENSHIP (BDTC) BY
VIRTUE OF A CONNECTION WITH HONG KONG AFTER 1 JULY 1997. THE
CHINESE DID AGREE HOWEVER THAT FORMER BDTCS COULD ACQUIRE A NEW
FORM OF BRITISH NATIONALITY BEFORE 1 JULY 1997 AND RETAIN IT FOR
THE REST OF THEIR LIVES. THIS NEW FORM WIL BE KNOWN AS BRITISH
NATIONAL (OVERSEAS).
5.
THERE ARE ABOUT 10,000 NON-CHINESE BDTCS IN HONG KONG,
INCLUDING SOME 6,000 INDIANS. THEIR POSITION WAS RAISED DURING
THE DEBATE ON THE HONG KONG BILL EARLIER THIS YEAR, AFTER
PRESSURE BY THE COUNCIL OF HONG KONG INDIAN ASSOCIATIONS, WHO
CLAIMED THAT THEIR COMMUNITY MIGHT BE MADE STATELESS AS A RESULT
OF THE AGREEMENT. THEY POINTED OUT THAT THE CHILDREN OF FORMER
CHINESE BDTCS BORN AFTER 1 JULY 1997 WOULD BECOME CHINESE
NATIONALS, BUT THEIR OWN CHILDREN WOULD NOT. MINISTERS MADE IT CLEAR THAT WE WOULD PROVIDE FOR THE FIRST AND SECOND GENERATIONS
BORN AFTER 1 JULY 1997 TO BE ABLE TO ACQUIRE A FORM OF BRITISH
NATIONALITY. THIS WAS WELCOMED BY THE COUNCIL OF HONG KONG
INDIAN ASSOCIATIONS.
6.
THE INDIANS HAVE HOWEVER RETURNED TO THE CHARGE FOLLOWING
THE PUBLICATION OF THE HONG KONG NATIONALITY ORDER IN COUNCIL ARISING FROM THE HONG KONG ACT, PRESSING FOR BRITISH CITIZENSHIP WITH RIGHT OF ABODE IN THE UK. THEY HAVE NOW RECEIVED SUPPORT IN
THE HONG KONG LEGISLATIVE COUNCIL AND IN THE JCWI REPORTS TO
WHICH YOU REFER. THE SUBJECT WILL UNDOUBTEDLY BE RAISED IN
PARLIAMENT WHEN THE ORDER IS DEBATED FIRST IN JANUARY AND AGAIN
IN MARCH/APRIL.
DEFENSIVE POINTS TO MAKE
7.
ALL BDTCS, INCLUDING THE INDIANS, WILL BE ABLE TO APPLY FOR THE NEW BRITISH NATIONAL (OVERSEAS) STATUS FROM 1 JULY 1987 UP TO 1 JULY 1997. THEY WILL BE ABLE TO RETAIN THIS STATUS FOR
THE REST OF THEIR LIVES. ANY HONG KONG BDTCS WHO DO NOT ACQUIRE
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