TNAG-1359-FCO40-1800-Executive-Council-of-Hong-Kong-memoranda-and-minutes-of-meet-1985 — Page 184

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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abode in Hong Kong. The same answer would be given in

the Adjournment Debate in the Legislative Council

February.

XA27

ADJOURNMENT DEBATE ON THE PROPOSED TITLE OF BRITISH NATIONAL (OVERSEAS)

The Deputy Secretary (General Duties) reported

that Unofficials would be raising the question of

statelessness in the debate. Their main question would

concern the position of the heirs to non-Chinese British

Dependent Territories Citizens (BDTCs). Children born

to such BDTCs after 1997 would acquire British Overseas

Citizenship (BOC) automatically, if they would otherwise

be stateless. However, this arrangement was intended by

HMG to cover only the first generation born after 30

June 1997. The children of these BOCs would be able to

acquire BOC status only under the discretionary powers

available to the Home Secretary but it was doubtful

whether these discretionary powers could be extended to

provide for the children of BOCs who were born in Hong

Kong after 1997. HMG had argued that they could not

make an indefinite commitment to continue to grant

British nationality to persons who are in fact settled

in a foreign country. In HMG's view, Schedule 2 of the

British Nationality Act 1981 met its commitment under

the Convention on the Reduction of Statelessness.

such children had

nationality, it

no

other

I f

was

in

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