TNAG-1379-FCO40-1827-Future-of-Hong-Kong-legislation-Hong-Kong-Bill-1985 — Page 52

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CONFIDENTIAL

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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

details in the Bil1.

Its function is to provide an enabling power

for the drafting of

debated in Parliament.

Order an

be

in Council, which

itself will

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

in concern

the House of

Commons and in the

of

Second Reading in the House of Lords about the question

statelessness.

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

made stateless as a result

arrangements envisaged in the Bill.

such

a

person,

should

be

of

the

A 11 former Hong Kong BDTCs will

will be able to acquire BN (0) status i f

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

and do not

not hold any other nationality, will become

BOCs on 1 July 1997. The children born on or after 1 July 1997 to

former Hong Kong BDTCs who

Chinese nationals will have Chinese

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

BOC status at birth if they would otherwise be stateless.

are

There could also be concern about potential statelessness among

subsequent generations.

Ministers are considering this matter urgently and we are awaiting

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

non-Chinese

The proposal that children born after 30 June 1997 to

former BDTCs should acquire BOC status automatically at birth if

otherwise they would

be stateless is intended to apply to the first

post-1997 generation.

Concern

about

may be

subsequent

appreciate that there

arising among

However, we

potential

statelessness

CONFIDENTIAL

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