Hong Kong guarantees
right of abode in Hong Kong but not
right of abode in the United Kingdom (which is only
guaranteed by British citizenship).
Hong Kong BDTC status will cease in July 1997 but under
Chinese Law most Hong Kong residents will continue to be
regarded as Chinese nationals. There are also
arrangements whereby Hong Kong BDTCs may apply before
July 1997 to become British Nationals (Overseas) (BN(0)
and this status will continue after 1997. Hong Kong
BDTCs who do not become BN(0)s and who would otherwise be
stateless in July 1997 will then automatically become
British Overseas citizens (BOC). There are also
provisions for the children and grand children born after
June 1997 to BN (0)s or BOCs to become BOCS if they would
otherwise be stateless. Neither BN(0) or BOC status
confers right of abode in the United Kingdom.
3. I agree
with Mr Varney's suggestion of a separate
section on the position under EC Law. I also confirm that
British subjects (under Part IV of the British Nationality Act 1981 with ROA in the United Kingdom) can be ignored as it is
not a status that has been or can be acquired by connection with Hong Kong. There is probably a number of such persons in
Hong Kong who are eligible under the 1990 Act on nationality
grounds. They are unaffected by the nationality arrangements
in the 1986 Order and will therefore remain British subjects on
1 July 1997 (unless they have lost it under Section 35 of the
British Nationality Act 1981). May I suggest the new paragraph read as follows:-
"Status under Community Law"
Since 1 January 1983, when the British Nationality Act
1981 came into effect, a person is generally speaking regarded as a "national" of the United Kingdom for the
LH3.10