SPEAKING NOTE
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The effect of this amendment would be to open the way for any
British National (Overseas), and thus anyone who is a BDTC by
virtue of a connection with Hong Kong before 1997 and who cannot
claim any other nationality, to register as a British citizen.
British citizens, such people would automatically acquire the right
of abode in the UK under the Immigration Act 1971.
There are two aspects to this question. The problem of
statelessness, and the question of right of abode.
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this was a question which
I will deal with statelessness first:
among others, Lord Cledwyn and Lord Geddes spoke extensively about
during the debate on the Second Reading. I then explained the
Government's position, but it may be helpful if I repeat it
now.
status
The Government's position is that по former Hong Kong BDTC, nor any
child born on or after 1 July 1997 to such a person should be made
stateless as a result of the amendments envisaged in the Bill. All
former Hong Kong BDTCs will be able to acquire BN (0) status
status if they
wish before 1 July 1997. If they do this they will retain it for
the rest of their lives. Any BDTCs who do not acquire BN(0)
and would otherwise be stateless for example if they are
not Chinese nationals and hold no other nationality will become
British Overseas Citizens on 1 July 1997. Children born on or after
1 July 1997 to former Hong Kong BDTCs who are Chinese nationals will
of course have Chinese nationality. Children born to non-Chinese
former BDTCs will acquire British Overseas Citizen status at birth
if they would otherwise be stateless.
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During the Second Reading debate certain noble Lords also raised the
question of what would happen to subsequent generations of children
born to descendants of former Hong Kong BDTCs who held no other
nationality. I said on that occasion that the Government was as
matter of urgency looking at the problem of potential statelessness
among future generations.
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