TNAG-1333-FCO40-1765-Future-of-Hong-Kong-legislation-1985 — Page 49

CONFIDENTIAL

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AND THIS WILL BE DONE BY THE ORDER IN COUNCIL. THIS WILL PREVENT

THE ACQUISITION AFTER 30 JUNE 1997 OF BDTC STATUS BY VIRTUE OF A

CONNECTION WITH HONG KONG AND THAT IS THE INTENTION. THE

DRAFTSMAN MAY WISH TO NOTE THAT SECTION 50(13) CONTAINS POWER BY

ORDER IN COUNCIL TO AMEND SCHEDULE 6 BUT ONLY IN CIRCUMSTANCES

WHICH ARE NOT RELEVANT TO THIS EXERCISE.

10. THE BILL SHOULD ENABLE THE ORDER IN COUNCIL TO DEPRIVE THE

PERSONS AFFECTED OF BDTC STATUS AS FROM 1 JULY 1997 AND ENTITLE

THEM TO ACQUIRE A NEW FORM OF BRITISH NATIONALITY TO BE CREATED

BY THE ORDER. THIS WILL NOT BE AUTOMATIC THEY WILL HAVE TO

APPLY FOR IT. THE MEANS BY WHICH THEY WILL DO THIS HAS YET TO BE

DECIDED AND WILL BE SET OUT IN THE ORDER IN COUNCIL.

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11.

WE WISH TO BE IN A POSITION TO PROCESS ALL APPLICATIONS FOR

THE NEW STATUS BY 1 JULY 1997, EXCEPT IN THE CASE OF PERSONS BORN

AFTER 31 DECEMBER 1996 AND BEFORE 1 JULY 1997 WHOSE APPLICATIONS

ARE TO BE PROCESSED BEFORE THE END OF 1997. TO ENSURE THAT THIS

IS PRACTICABLE IT WILL BE NECESSARY TO PROVIDE IN THE ORDER IN

COUNCIL THAT APPLICATIONS MUST BE MADE BY A DATE TO BE SPECIFIED,

WITH A DIFFERENT DATE FOR THE LATTER CASE, AND THE ENABLING POWER

SHOULD ENABLE THIS TO BE DONE.

12.

IT IS LIKELY (THOUGH NOT YET FINALLY DECIDED) THAT WE SHALL

WISH TO BRING THE NEW FORM OF NATIONALITY INTO BEING WELL BEFORE

1 JULY 1997, POSSIBLY AS EARLY AS 1987, AND THAT THOSE WHO

ACQUIRE IT WILL HOLD BOTH THE NEW STATUS AND THEIR EXISTING BDTC

STATUS UNTIL 1 JULY 1997. THE ENABLING POWER SHOULD ALLOW FOR

THIS.

13. THERE MAY BE PERSONS WHO WILL NOT HAVE ACQUIRED THE NEW FORM

OF BRITISH NATIONALITY BEFORE 1 JULY 1997, AND WHO MAY THEREFORE

ON THAT DATE BE RENDERED STATELESS BY THE LOSS OF THEIR BDTC

STATUS. THE BILL SHOULD ENABLE THE ORDER IN COUNCIL TO PROVIDE

THAT ANYONE IN THIS SITUATION SHOULD ON THAT DATE AUTOMATICALLY

ACQUIRE SUCH FORM OF BRITISH NATIONALITY AS MAY BE SPECIFIED IN

THE ORDER IN COUNCIL. THIS IS LIKELY TO BE BRITISH OVERSEAS

CITIZENSHIP, BUT IT MIGHT CONCEIVABLY BE BRITISH SUBJECT STATUS

AND WE WISH TO LEAVE THE OPTION OPEN. WHICHEVER IT IS WE

CONTEMPLATE INCLUDING PROVISION IN THE ORDER IN COUNCIL TO THE

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CONFIDENTIAL