TNAG-1381-FCO40-1829-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 161

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8. 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 in

respect of the new status must be made in order for them to be valid,

and that this status may be held only by persons who are BDTCs on

30 June 1997. The first provision is required in order to create a

sufficient interval for the processing of applications so that

applicants acquire the new status before 1 July 1997; the second is to prevent someone who has acquired the new status from retaining it

should he cease to be a BDTC before 30 June 1997. Both these are

necessary to accord with the provisions of the UK Memorandum.

9. Paragraph 2(3) provides that the Order in Council may make provision

for the avoidance of statelessness and may contain such supplementary,

transitional and consequential provisions as are 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

made by Ministers in Parliament on 5 and 10 December 1984. The main categories of persons for whom provision will need to be made are

i) children born after 1 July 1997 to those former Hong Kong BDTCs who

are not regarded as Chinese nationals, if such children would

otherwise be stateless, and ii) any former Hong Kong BDTCs who are not

regarded as Chinese nationals and, for whatever reason, do not acquire

the new nationality status, if they too would otherwise be stateless. The second provision permits the inclusion in the Order in Council of

the many detailed amendments that will be required to give effect to the purposes set out in paragraph 2(1) and to other commitments in the

UK Memorandum.

10. Paragraph 2(4) provides that orders shall only be made under this paragraph by affirmative resolution of both Houses of Parliament.

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