HONG KONG
DRAFT ORDER IN COUNCIL
NOTES ON ARTICLES
57
ARTICLE 7: BRITISH NATIONALITY ACTS
Article 7 sets out the amendments which will be necessary to the British Nationality Act 1981 and British Nationality (Falkland Islands) Act 1983 in order to adapt this legislation to the new status of BN(0).
1.
Article 7(2) includes BN (0)s in the categories of those eligible to apply for registration as British citizens under section 4 of the 1981 Act.
2.
3. Article 7(3) provides that BN (0)s will remain Commonwealth citizens under section 3 of the 1981 Act in line with other British nationals.
4. Article 7(4) applies to the Order the regulation and Order making powers of section 41 of the BNA 1981.
Thus:
a) Section 41(1) empowers the Secretary of State to make regulations to provide for carrying into effect the purposes of the Act. As far as the Order is concerned the most important of these concerns the manner in which, and the persons to and by whom applications for registration as BN (0)s may be made. The intention is that the bulk of the applications should be processed by the Governor of Hong Kong. The regulations governing this and the method of application and other related matters will be made later. Article 7(4)(a), (b) (c) empower the Secretary of State to make such regulations.
b)
Section 41(2) empowers the Secretary of State to charge fees in connection with applications for citizenship effecting of registrations, supplying copies of certificates, carrying out searches, etc. Article 7(4)(d) ensures that no fee will be charged in respect of registration as a BN (0) (although there will be a fee for issuing a passport).
5.
Article 7(5) applies to the order section 42(2)(b) and (4) of the 1981 Act. Section 42(2)(b) relieves British nationals from the need to take the oath of allegiance. This will apply also to BN(0)s.
F.7.1