BACKGROUND INFORMATION ON BRITISH NATIONAL (OVERSEAS) STATUS.
HISTORY
1.
During the negotiations between the British and Chinese Governments which
were concluded by the signing of the Sino-British Joint Declaration on the
Question of Hong Kong on 19 December 1984, a major concern expressed by Hong
Kong British Dependent Territories Citizens (BDTCS) was that they might lose
their British nationality when Hong Kong reverted to Chinese sovereignty on 1
July 1997. The British Government therefore negotiated with the Chinese
Government an Exchange of Memoranda associated with the Joint Declaration. The
effect of the UK Memorandum is that Hong Kong BDTCs can acquire a new form of British nationality which they can retain for life; they can use British passports showing their new status and will qualify for British consular protection in third countries. In addition, under Section XIV of Annex 1 to
the Joint Declaration, as residents of the future Hong Kong Special
Administrative Region (SAR), they are guaranteed the right of abode in Hong
Kong and freedom of travel.
LEGISLATION
2.
The Hong Kong (British Nationality) Order 1986 has been made to enable the United Kingdom to implement the Joint Declaration and associated UK
Memorandum. The Order in Council was debated in Parliament in January and May
1986 and finally made on 5 June 1986.
NATIONAL STATUS
3. The Order provides that persons who are BDTCs by virtue of a connection with Hong Kong will lose that status from 1 July 1997 when Hong Kong ceases to be a British Dependent Territory and becomes a SAR of the People's Republic of
'China. But before 1 July 1997 all Hong Kong BDTCs will have the right to
acquire a new form of British nationality, to be called British National
(Overseas) BN (0) and to retain this new status for their lifetimes.
Persons born between 1 January 1997 and 30 June 1997 will have until 31
December 1997 to acquire the new status. BN (0) status will be acquired only
if a person holds or is included in a passport showing that status.
4.
The new status of BN (0) will be introduced with effect from 1 July 1987.
This arrangement will give the issuing authorities sufficient time to cope with applications for passports, which will be issued from that date.