TNAG-1378-FCO40-1826-Future-of-Hong-Kong-legislation-Hong-Kong-Bill-1985 — Page 157

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I must emphasise however, while the UK Memorandum is formally distinguishable from the Joint Declaration, the Government would be bound to oppose any attempt to introduce into the Order any

provisions that were contrary to the Memorandum. The fact of the matter is that the Memorandum forms an integral part of the whole package which was negotiated with the Chinese Government and was

subsequently found acceptable to the people of Hong Kong. We should be obliged to resist strongly any amendments

any amendments to the draft Order that would jeopardise this overall package.

The framework for subordinate legislation is clearly stated in the Schedule. The Order will make provisions for the removal of Hong Kong with effect from 1 July 1997 from the list of dependent

territories in Schedule 6 to the British Nationality Act 1981 and

for the acquisition of the status of British National (Overseas) by

persons who are British Dependent Territories citizens by virtue of a connection with Hong Kong. The Order will set out who is eligible

to acquire the new status.

It is the Government's intention that the BN (O) status should carry broadly the same benefits as British Dependent Territory citizenship except that it will not be transmissible by descent. For example holders of the new status will be able to use British passports. They will be eligible for British consular protection in third

countries. They will have a right to registration as British

citizens on the same terms as BDTCS. They will not enjoy benefits

that are not conferred by BDT citizenship.

The Order will also set out the circumstances in which persons who might otherwise become stateless as a result of these provisions, and children born after 1 July 1997 to former Hong Kong BDTCs, if they too would otherwise be stateless, may acquire a form of British nationality. This will be British Overseas citizenship.

Lest any doubt remain, I would like to make it clear that it is the

Government's intention that children born after 1 July 1997 to

former Hong Kong BDTCs will automatically acquire British Overseas citizenship at birth, if they would otherwise be stateless.

would apply wherever they were born.

This

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