POST-1997 POSITION
4. The nationality and immigration position of Hong Kong BDTCs after 1997 was addressed in the two Memoranda exchanged by HMG and the Chinese Government when the 1984 Sino-British Joint Declaration was signed. The British Memorandum recognised that no-one could continue to derive BDTC status from a connection with Hong Kong after it ceased to be a British dependent territory on 1 July 1997. Accordingly, the new status of
British Nationals (Overseas) (BN (0)) was created under the Hong Kong (British Nationality) Order 1986. This status, which does
not carry the right of abode in the UK, can be acquired only before 1 July 1997 and is not transmissible to the holder's children thereafter. The Chinese Memorandum states that "Hong Kong Chinese compatriots", whether or not they hold BDTC passports (and by extension BN (0) passports), are considered by the Chinese Government to be Chinese nationals and will not be entitled to British consular protection in Hong Kong or other parts of China after 30 June 1997.
5. Just under 600,000 people hold a BN (0) passport. Hong Kong (British Nationality) (Amendment Order) 1993 lays
The down a phased registration programme (by age groups) for acquisition of the new passports for those eligible (up to 3.6 million). The Order was introduced to enable the Hong Kong Immigration Department to process all applications before their power to do so ceases on 1 July 1997.
THE ETHNIC MINORITY COMMUNITY
6.
They
Their children born
Special provision has been made for the approximately 7,000 Hong Kong BDTCs who are not ethnically Chinese. too can become BN (0)s before 1 July 1997. thereafter will, for two generations, be able to acquire British Overseas Citizenship if they would otherwise be stateless. These provisions were made because there was uncertainty as to whether non-ethnic Chinese would be able to obtain Chinese nationality after 1997.
7. Parliament specifically considered the position of this community during the passage of the British Nationality Hong Kong Act, 1990 (BNHKA). It was decided after full consideration that there was no case for special treatment. The Government, following recent debate in July in Parliament, have upheld this decision. The Government have given an assurance (most recently in the House of Lords on 15 July 1993) that any solely British national who - expectations -
against all comes under pressure to leave Hong Kong could expect to have his case for admission to the United Kingdom considered by the Government of the day with special and considerable sympathy.
bgrnd.cpaac.NAT
JEB