TNAG-1379-FCO40-1827-Future-of-Hong-Kong-legislation-Hong-Kong-Bill-1985 — Page 123

The Government have now considered this problem further,

particularly in view of the considerable anxieties expressed in this

House. We accept that there is considerable concern in Hong Kong

among the non-Chinese BDTCs about the problem of potential statelessness in subsequent generations, and this is something which

the Government takes very seriously. I think I must repeat the view

previously expressed that it would not

it would not be proper as a general principle to grant British nationality indefinitely and without

restrictions to the descendants of British nationals resident in a

foreign country. We have however decided that in the case of second generation children whose grandparents were Hong Kong BDTCs before

1997, and who would otherwise be stateless, it would be right to

give them a similar entitlement to acquire British nationality to that which they would have had under the British Nationality Act

1981 if their parents and grandparents had remained BDTCs.

The relevant provisions of the British Nationality Act are contained

in Sections 17 (2) and (3) (a) and (b) of the BNA. The provisions we

envisage would be exactly parallel to this. They would provide that

a minor would be entitled to be registered as a British Overseas Citizen on an application made within 12 months of the date of birth

if

and

1) He was born stateless

2) One of his parents was a person who would have been a BDTC

by descent at the

the time of his birth, if it were not for the

provisions to be made under this Act

3) One of his grandparents was a person who would have been

BDTC other than by descent at the time of the birth of the

parent in question.

The general effect of this would be that a second generation child

descended from a Hong Kong BDTC who was a

BDTC otherwise than by

descent would be entitled to be registered

as a British Overseas

Citizen. I should add that in the case of a child not so registered

within 12 months

Secretary, if he

of birth it would still be open to the Home

saw fit,

fit, to register him under Section 27(1) of the