TNAG-1379-FCO40-1827-Future-of-Hong-Kong-legislation-Hong-Kong-Bill-1985 — Page 47

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10

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by 31 December 1997 if they were born in 1997 before 1 July). The

latter will allow a short period of grace after the relevant date

for the parents of newly born children to opt on their behalf to

fixed by the UK Memorandum

acquire the new status. The peri od

and cannot be extended.

A n

is

at the Committee stage in the House

title of the new form of nationality

-

of

amendment was introduced

Commons to incorporate the

British National (Overseas)

The title was agreed by the

Chinese Government, and was first announced by the Secretary of

State at the Second Reading in the House of Commons. The reaction

to the title in Hong Kong was favourable, and the Governor and

Executive Council advised that the title should be incorporated

in

the Bill at the Committee stage.

in paragraph 2(1)(b) of the Schedule.

Hong Kong Executive Council and the

in

Paragraph 2(2) provides that the Order in Council may set a cut-off

date or dates before 1 July 1997 by which time applications

respect of the new status must be made in

valid, and that this status may be retained

are BDTCs on 30 June 1997.

in

order for them to be

1997 by persons who

The first provision is required in order

to allow sufficient time for applications to be processed SO that

applicants who choose to acquire the new status will get it before 1

July 1997; the second is to prevent someone who has acquired the new

status from retaining it if he ceases to be a BDTC before 1 1 July

1997. Both these are necessary

to accord with the provisions of the

UK memorandum.

Paragraph 2 (3)

provides that the Order

provision for the avoidance of

statelessness

in

Council may make

and may contain such

provisions as

are

supplementary, transitional and consequential

considered necessary or expedient for the purposes of the Order,

including provisions amending the British Nationality Act 1981 and

other legislation.

The first provision reflects the United

Kingdom's obligations under the UN Convention on the Reduction of

Statelessness and commitments

and 10 December 1984.

provison will need to be made

to former Hong Kong BDTCs who

made by Ministers in Parliament on 5

The main categories of persons for whom

are i) children born after 1 July 1997

are not regarded as Chinese nationals,

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