17 MAY '89 16:28 INDB4 LUNAR HOUSE 01 760 2822
*
P.7/8
the Hong
の
23. The Chinese government have indicated their acceptance of arrangements
after 1997'
under which/persons in Hong Kong who are former BDTCs may hold a British and 2 Hong Kong Special Administrative Region passport
passport
simultaneously.
24.
the Order
It is not, of course, obligatory for a BDTC to apply for BN(0) status, If he does not do so, and if on 1 July 1997 he has another nationality eg
his Chinese, he will automatically lose British nationality. If he does not have
Dependent Territories citizenship Tong (British
another nationality and would otherwise be stateless, he will/automatically grants to Vationality) the status of British Overseas citizen (BOC).
La
We have therefore ensured that him no-one will become stateless as a result of the reversion of Hong Kong to China.
Irder 1986
rovides that
26,
The 1986 Order applies equally to all BDTC's by virtue of a connection with Hong Kong, whatever their
those BDTCs who are not ethnically Chinese have the right, like
other Hong Kong BDTC, to acquire BN(0) status.
any
If they do not acquire it, they too will automatically
and would otherwise be stateless on 1 July 1997, become BOCs. Their children and grandchildren born after 1997 will also (if they would otherwise be stateless) acquire British Overseas citizenship. After this second generation we would expect that, by then, those concerned would be prepared to take up the citizenship of the country in which they live. The Chinese authorities have indicated that they would be free to apply for Chinese nationality in accordance with the stipulated procedure.
26.
We understand that the Committee is interested in the question whether the powers which created BN(0) status could be used again so as to give BDTCS or BN(0)s an entitlement to right of abode in the UK or British citizenship. We do not believe that they could. The Order-making power is effectively confined (by paragraph 2(1)(b) of the Schedule to the Hong Kong Act 1985) to . purposes necessary to establish the new form of nationality to be held by
which may those formerly BDTCS. It could not be used to alter the right of abode or citizenship status of BDTCs or BNOs. Primary legislation would be required to make such a change.
creato
ethnic origin Thus,