CONFIDENTIAL
PARAGRAPH TWO
Paragraph 2 of the schedule provides an enabling power for an Order
in Council to be
be made, subject to affirmative resolution, to create a new form of British nationality which may be acquired by persons who are British Dependent Territories citizens (BDTCs) by virtue of
connection with Hong Kong, to withdraw BDTC status fr om such
persons on 1 July 1997, to make provision for avoidance
statelessness and to make such other amendments
to the British Nationality Act 1981 (BNA 1981).
a
The purpose of this paragraph is to enable nationality provisions as may be necessary UK ceasing
1997.
of
as may be necessary
HMG to make such
as a consequence of the to have sovereignty or jurisdiction over Hong Kong in
In particular, it permits HMG to give effect to the nationality provisions in the United Kingdom memorandum associated
with the Joint Declaration on the future of Hong Kong. The memorandum was passed to
to the Government of the People's Republic of
China when the Joint Declaration was signed by the British and
Chinese Prime Ministers on 19 December 1984.
The nationality provisions of the UK Memorandum, the wording of
which had been agreed in advance with the Chinese Government
(although the Chinese are not prepared publicly to acknowledge that
fact) provide that, subject to the completion of the necessary amendments to the relevant UK legislation: -
(a) All persons who on 30 June 1997 are, by virtue of
of a connection
with Hong Kong, British Dependent Territories citizens (BDTCs) under
the law in force in the United Kingdom will cease to be BDTCs with
effect from 1 July 1997, but will be eligible to retain an appropriate status which, without conferring the right of abode in the United Kingdom, will entitle them to continue to use passports issued by the Government of the United Kingdom. This status will be acquired by such persons only if they hold or are included in such a
British passport is sued before 1 July 1997, except that eligible persons born on or after 1 January 1997 but before 1 July 1997 may
obtain or be included in such a passport up to 31 December 1997.
CONFIDENTIAL
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