TNAG-1382-FCO40-1830-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 26

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HOME OFFICE

Lunar House Wellesley Road Croydon CR9 2BY

Telephone

01-760 2829

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233

Mr CP de Boissezon

34 Wilton Crescent LONDON SW1X 8RX

ник отож

RECEIVED IN TISHISTRY

27 JUN 1985

DESK OFFRIA

INDIRA

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Please reply to The Under Secretary of State Your reference

B244116

Our reference

24 June 1985

en i

Date

Thank you for your letter of 13 May about your nationality status in 1997.

May I first of all emphasize that there is no question of any non-Chinese BDTC, such as yourself, being left stateless as a result of the Agreement on the future of Hong Kong. The Hong Kong Act 1985 provides that anyone who is a BDTC by virtue of a connection with Hong Kong will be eligible to acquire a new form of British nationality, holders of which will be known as British Nationals (Overseas) (BN(0)), and to retain it for life.

It is intended that BN (0) status will carry with it broadly the same benefits as BDTC status except that it will not be transmissible. Thus, BN(0)s will be able to use British (ie BN(0)) passports. Holders of such passports will be eligible for British consular protection in third countries and non-Chinese BN(0) passport holders will be as eligible for British consular protection in the Hong Kong Special Administrative Region (SAR) as they are in other parts of China. BN(0)'s will also be eligible to apply for British citizenship under Section 4 of the British Nationality Act 1981 on the same basis as BDTCs and other British nationals.

Any former Hong Kong BDTCs who do not acquire BN(0) status, and who would other- wise be stateless as from 1 July 1997 (for example if they are not Chinese nationals and have no other form of nationality) will automatically become British Overseas citizens (BOCs) on that date. Children born on or after 1 July 1997 to former Hong Kong BDTCs will automatically become BOC's at birth if they would otherwise be stateless. Grandchildren of former Hong Kong BDTCs will be entitled to be registered as BOC's if they are born stateless and meet certain other conditions.

The Agreement on the future of Hong Kong guarantees the right of abode in Hong Kong after 1997 to persons who have been ordinarily resident in Hong Kong for a continuous period of seven years or more and have taken Hong Kong as their place of permanent residence. It also guarantees the right of abode to persons who, before the establishment of the Hong Kong SAR, on 1 July 1997, have the right of abode only in Hong Kong. These provisions cover all non-Chinese BDTC's in Hong Kong unless they are there only temporarily.

I hope that this will reassure you about your future nationality status and right of abode in Hong Kong.

Yours sincerely

J P EMERY

Nationality Division