TNAG-1378-FCO40-1826-Future-of-Hong-Kong-legislation-Hong-Kong-Bill-1985 — Page 76

CONFIDENTIAL

person will

(b) No

acquire BDTC status on or after 1 July 1997 by virtue of a connection with Hong Kong. No person born on or after 1

July 1997 will acquire the status referred to as being appropriate

in sub-paragraph (a).

Detailed amendments to the BNA 1981 will be necessary to bring these

provisions into effect. The Bill has been worded in such a way as purposes of the Order in Council, without

to indicate the main

restricting the terms of the Order too narrowly.

indicate when the Order in Council will be introduced.

I t does not

The proposed legislation does not cover the following provisions in the UK Memorandum relating to the issue of passports:

implemented under the Royal Prerogative.

they will be

(c) United Kingdom consular officials in the Hong Kong Special Administrative Region and elsewhere may renew and replace passports of persons mentioned in sub-paragraph (a) and may also issue them to persons, born before 1 July 1997 of such persons, who had previously been included in the passport of their parent.

(d) Those who have obtained or been included in passports issued by

the Government of the United Kingdom under sub-paragraphs (a) and

(c) will be entitled to receive, up on request, British consular

services and protection when in third countries.

Paragraph 2 (1)(a) provides an enabling power for the Order in

Council to prevent the retention or acquisition of BDTC status by

virtue of a connection with

with Hong Kong on or after 1 July 1997. Persons whose claim to that status depends on a connection with Hong Kong will thus lose the status. But persons who qualify for it both

by virtue of a connection with Hong Kong and also on account of a

connection with another British dependent territory will retain the

status because of the latter.

Paragraph (2)(1)(b) allows the Order to specify a new form of

British nationality which may be acquired before 1 July 1997 by persons who are BDTCs by virtue of a connection with Hong Kong (or

CONFIDENTIAL