CONFIDENTIAL
draft Order provides that definition.
It sets out in a convenient and logical
format all the ways in which a person may have become connected with Hong
Kong. It encompasses all the Hong Kong British Dependent Territories citizens listed in Annex 2 to the White Paper, although as the White Paper explains, virtually all such people in Hong Kong are citizens by birth, registration
or naturalisation there. It is possible, however, that a citizen may be able to trace this connection through a number of the circumstances set out in
Article 2 and in the more detailed Annex 2. They are not intended to be mutually exclusive. While the categories in Article 2 are satisfactory for legislative purposes, the greater detail given in Annex 2 is intended to help people find out whether they do come within the Order by matching their particular
circumstances with those in the list.
10.
Article 2
Article 2 and Article 3 are designed to be read together. defines connections with Hong Kong for the purposes of the Order: Article 3 provides that anyone who is a British Dependent Territories citizen by virtue of such a connection shall cease to be such a citizen on 1 July 1997.
11.
Article 4 sets out the way in which the new status of British National (Overseas) may be acquired by those who will cease to be British Dependent
Territories citizens in 1997. The terms of the UK Memorandum associated with the Joint Declaration provide that this status will be acquired by such persons only if they hold or are included in a passport showing the new status issued before 1 July 1997, or before the end of 1997 in the case of persons born
in the first six months of that year. Under the terms of the agreement therefore it will not be transmitted to descendants born after 30 June 1997.
12. All eligible British Dependent Territories citizens will be entitled
to acquire BN (0) status. Acquisition will be by registration. This is consistent with the long-standing provision in British nationality law for those exercising an entitlement to citizenship. But the terms of the Memorandum, reflecting the particular needs of Hong Kong, link its acquisition to the holding of a BN (0) passport. The passport, together with the central register which will be maintained, will be evidence of the new status. So Article 4 provides a clear entitlement to hold a BN (0) passport. As the House will know, there is generally no entitlement to hold British passports which are issued under the Royal Prerogative. But the Hong Kong Government were strongly of the view that the Order should make clear that those affected should be entitled not only to BN (0) status but also to a passport showing that status. They argued that the holding of the passport was so fundamental to the agreement