TNAG-1379-FCO40-1827-Future-of-Hong-Kong-legislation-Hong-Kong-Bill-1985 — Page 213

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PARAGRAPH TWO

Paragraph 2 of the schedule provides an

an enabling power for an Order in Council to be made, subject to affirmative resolution, to create a new form of British nationality which may be acquired by persons are British Dependent Territories citizens (BDTCs) by virtue of

a connection with Hong Kong, to withdraw BDTC status from such

who

persons on 1 July 1997, to make provision for avoidance of

statelessness and to make such other amendments as may be necessary to the British Nationality Act 1981 (BNA 1981).

The purpose of this paragraph is to enable HMG to make such nationality provisions as may be necessary as a consequence of the UK ceasing to have sovereignty or jurisdiction over Hong Kong in

1997.

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 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:-

of abode in

(a) All persons who on 30 June 1997 are, by virtue 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 аг

appropriate status which, without conferring the right of 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

except that eligible

persons born on or after

before 1 July 1997,

1 January 1997 but before 1 July 1997 may

obtain or be included in such a passport up to 31 December 1997.

CONFIDENTIAL