TNAG-1377-FCO40-1825-Future-of-Hong-Kong-legislation-Hong-Kong-Bill-1985 — Page 132

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by 31 December 1997 if they were born in 1997 before 1 July). The

latter will allow a short period of grace after the relevant date

for the parents of newly born children to opt on their behalf to acquire the new status. The period is fixed by the UK Memorandum

and cannot be extended.

in

Paragraph 2(2) provides that the Order in Council may set a cut-off date ог dates before 1 July 1997 by which time applications

respect of the new status must be made in order for them to be

valid, and that this status may

may be retained in 1997 by persons who

are BDTCs on 30 June 1997. The first provision is required in order

to allow sufficient time for applications to be processed SO that applicants who choose to acquire the new status wi 1 1 get it before i July 1997; the second is to prevent someone who has acquired the new

status from retaining it if he ceases to be a BDTC before 1 July 1997. Both these are necessary to accord with the provisions of the

UK memorandum.

provides that the Order in Council may make

and may

contain such

are

Paragraph 2 (3)

provision for the avoidance of statelessness supplementary, transitional and consequential provisions as

considered necessary or expedient for the purposes of the Order, including provisions amending the British Nationality Act 1981 and other legislation. The first provision reflects the United

Kingdom's obligations under the UN Convention on the Reduction of

Statelessness and commitments made by Ministers in Parliament on 5

and 10 December 1984. The main categories of persons for wh om provison will need to be made are i) children born after 1 July 1997 to former Hong Kong BDTCs who are not regarded as Chinese nationals, if such children would otherwise be stateless and ii) any former Hong Kong BDTCs who are not regarded as Chinese nationals and, for

whatever reason, do not opt

to acquire the new nationality status,

if they too would otherwise be stateless. The second provision

permits the inclusion in the Order in Council of the detailed

amendments that will be required to achieve the objectives set out in subparagraph I of paragraph 2 and to other commitments in the UK

Memorandum.

Paragraph 2 (4) provides that orders shall only be made under this

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