2

holders of 2N(0) passports and will not automatically become Chinese nationals. According to estimates of the Security Branch, this category of people now numbers approximately 7,000.

Rights of BOCS

1

The columnist points out that the BOC status may be transmitted to one's children while the BN (0) status may not be extended to one's children born on or after 1 July 1997. This is true to a certain extent. Parents who are BOCS do not have the right to automatically transmit this status to their children. To be eligible for the BOC status, a child must have no other nationality at the time of his birth and his parents must also meet certain statutory requirements. Children of BN(0)s may also be granted BOC status if they are born stateless.

The columnist also pointed out in the article that BDTCS and BOCS are entitled to register as British citizens while BN(0)s are entitled to neither the right of abode in the UK nor the right to apply for British Citizen passports. This is in fact not the case. The provision on application for registration as British citizens under the British nationality Act 1981 originally applies to various categories of people of British nationality including BDTCS and BOCS. BN (0)s was later included in these categories under Section 7(2) of the Hong Kong (British Nationality) Order 1986. In other words, BDTCS, BOCS and BN(0)s who satisfy the statutory requirements may all apply for registration as British citizens. As regards the right of abode, neither BDTCs, nor BOCs, nor BN (0)s have the right of permanent residence in the UK.

Conclusion

The Government's intention in launching a phased programme for the registration of BN(0)s is to prevent a huge influx of applications for registration as a BN(0) coming in shortly before the change of sovereignty. A huge influx of application in a short period will be impossible for the Immigration Department to handle. It is absolutely unfounded for the columnist of the Monday Review to allege that the British Government did not wish to have a great number of Hong Kong residents automatically becoming BOCS by not changing for the BN (0) passports.

Yours faithfully,

Ingrid Ho

Acting Principal Assistant Secretary

Share This Page