TNAG-1379-FCO40-1827-Future-of-Hong-Kong-legislation-Hong-Kong-Bill-1985 — Page 220

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status and of the passports pertaining to it. Ministers may wish to

take the line that it would not be appropriate to include such Its function is to provide an enabling power

details in the Bill.

for

debated in Parliament.

the drafting of an Order in Council, which will itself be There has not yet been time to reach final

decisions on all

the detailed arrangements that will be required. These arrangements will necessitate consultation with the Hong Kong

Government and the Executive Council of Hong Kong.

STATELESSNESS

There was considerable concern in the House of Commons and in the

Second Reading in the House of Lords about the question

statelessness.

of

The Government has stated clearly that it is its intention that no

former Hong Kong BDTC, nor any child born on or after 1 July 1997 to

such

person, should be made stateless as a result of the

arrangements envisaged in the Bill.

All former Hong Kong BDTCs will be able to acquire BN(0) status if

they wish before 1 July 1997. Any BDTCs who do not acquire BN (0)

and would otherwise be stateless, for example if they are not Chinese nationals and do not hold any other nationality, will become

BOC s on 1 July 1997. The children born on or after 1 July 1997 to

former Hong Kong BDTCs who are Chinese nationals will have Chinese

nationality. Children born to non-Chinese former BDTCs will acquire

BQ status at birth i

at birth if they would otherwise be stateless.

There could also be concern about potential statelessness among

subsequent generations.

Ministers are considering this matter

matter urgently and we are awaiting

EXCO's views. In the meantime Ministers have taken the line that:

The proposal that children born after 30 June 1997 to non-Chinese

former BDTC s should acquire BOC status automatically at birth if

they would otherwise be stateless is intended to apply to the

post-1997

However, we appreciate that there

concern

generation.

about potential statelessness

arising among

first

ma y

subsequent

be

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