TG 1 AIJ
BACKGROUND
CON FID EN TIAL
1.
to the Sino-British
Order in Council may
Hong Kong will revert to China on 1 July 1997. The Hong
K on g Act 1985 which gave legislative effect
Joint Declaration on Hong Kong stated that an
be made whereby British Dependent Territories citizenship (BD TC)
could not be retained or acquired after 1 July 1997 by virtue of a
connection with Hong Kong but that before that date a new status of
British National (Overseas) ( BN (0)) could be acquired by Hong Kong
BD TC s.
2.
A draft Order in Council to give legislative effect to these
nationality provisions was published simultaneously in London and
Hong Kong on 17 October 1985. The Order was debated in the House of
Commons on 16 January. It states that Hong Kong BD TC s
may opt to
acquire BN (0) status before 1 July 1997 and to retain that status
for life. Any Hong Kong BD TC who does not opt to acquire the new
status and who would otherwise be stateless when British Dependent
Territories citizenship was lost on 1 July 1997, will automatically
become a British Overseas Citizen (BOC) on that date. Any children
of former BD TC s born on or after 1 July 1997 will acquire British
Overseas citizenship a t birth if otherwise stateless, and the
former Hong Kong BD TCs, if born stateless, will
will be
grandchildren
en titled to be registered as British Overseas citizens.
3.
the
These nationality provisions are fully in accord with Our
obligations under
UN Convention on
the Reduction of
Statelessness and provide for the 2 generations born in Hong Kong
acquire a form of British nationality. After that,
the Government believes that the right course for those non-Chinese
who are permanently settled in what will have been a part of China for about 50 years is to opt to become Chinese nationals.
after 1997 to
4.
The draft answer is agreed with the Home Office.
CONFIDEN TIAL