CONFIDENTIAL
5556
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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
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.
2.
10.
ARTICLE 2 AND ARTICLE 3 ARE DESIGNED TO BE READ TOGETHER.
ARTICLE 2 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
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