TNAG-1381-FCO40-1829-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 159

CONFIDENTIAL

PARAGRAPH TWO

1. Paragraph 2 of the schedule provides power to make an Order in Council subject to affirmative resolution: to create a new form of British

nationality which may be acquired by persons who are British Dependent

Territories citizens (BDTCs) by virtue of a connection with Hong Kong;

to withdraw BDTC status from such persons on 1 July 1997; to make

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

2.

The purpose of the paragraph is to enable HMG to make such nationality provisions as may be necessary as a consequence of ceding sovereignty over Hong Kong to the Chinese 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.

3.

The nationality provisions of the UK Memorandum, the wording of which had been agreed in advance with the Chinese Government, provide that, subject to the completion of the necessary amendments to the relevant

UK legislation:

!

(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 an appropriate status which, without conferring the right of abode in 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 issued before 1 July 1997, except that eligible persons born on or after 1 January 1997 but before 1 July 1997 may obtain or be included in such a passport up to 31 December 1997.

- 1 -

CONFIDENTIAL