TNAG-1383-FCO40-1831-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 149

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INTRODUCED TEN YEARS BEFORE THE HANDOVER DATE. (BN(0) PASSPORTS

COULD NOT, OF COURSE, BE ISSUED BEFORE THIS DATE.)

17. ARTICLE 4(2) ENABLES HONG KONG BDTCS TO ACQUIRE BN(0)

STATUS, AS A MATTER OF ENTITLEMENT.

18.

ARTICLE 4(3) IS NECESSARY TO ACCORD WITH THE WORDING OF THE

MEMORANDUM. IN ORDER TO BE ELIGIBLE TO RETAIN BN(0) STATUS A

PERSON MUST BE A BDTC ON 30 JUNE 1997. A PERSON WHO ACQUIRES

BN(0) STATUS AND SUBSEQUENTLY RENOUNCES OR IS DEPRIVED OF BDTC

STATUS BEFORE 30 JUNE WOULD NOT MEET THIS REQUIREMENT, AND COULD

NOT THEREFORE RETAIN BN(0) STATUS.

REMOVAL OF HONG KONG FROM LIST OF DEPENDENT TERRITORIES

19. ARTICLE 5: THIS ARTICLE DELETES HONG KONG FROM THE LIST OF

DEPENDENT TERRITORIES ON 1 JULY 1997.

PROVISIONS FOR REDUCING STATELESSNESS

20. PARAGRAPH 6 SETS OUT THE PROVISIONS AGREED BY PARLIAMENT FOR

AVOIDING OR REDUCING STATELESSNESS. THE UNDERLYING PRINCIPLE IS

THAT NO FORMER BDTC, NOR ANY CHILD BORN ON OR AFTER 1 JULY 1997

TO SUCH A PERSON, SHOULD BE STATELESS AS A RESULT OF THE

AGREEMENT. THIS PRINCIPLE WAS EXTENDED IN THE COMMITTEE STAGE IN

THE LORDS TO THE GRANDCHILDREN OF FORMER BDTCS IF THEY WOULD

OTHERWISE BE STATELESS, BY MEANS OF PROVISIONS WHICH PARALLEL

THOSE OF SECTION 17(2) TO (4) OF THE 1981 ACT.

21. ARTICLE 6(1) PROVIDES FOR THOSE BDTCS WHO HAVE NOT ACQUIRED

BN(0) STATUS, FOR WHATEVER REASON, AUTOMATICALLY TO ACQUIRE BOC

ON THAT DATE IF THEY WOULD OTHERWISE BE STATELESS. BUT THE

PROVISION NECESSARILY GOES FURTHER THAN THIS. ALTHOUGH THE

MEMORANDUM RESTRICTS THE ACQUISITION OF BN(0) STATUS TO THOSE WHO

WERE BDTCS IMMEDIATELY BEFORE 1 JULY 1997, WE NEED TO CATER FOR

THE RATHER FANCIFUL POSITION OF A PERSON WHO, HAVING ACQUIRED

BN(0) SOME YEARS PREVIOUSLY, THEN RENOUNCES BDTC. SINCE THE TWO

STATUSES ARE QUITE DISTINCT, THERE IS NOTHING TO STOP HIM DOING

THIS: HE WOULD NOT BE STATELESS ON RENUNCIATION OF BDTC BECAUSE

HE WOULD STILL HAVE BN(0) STATUS. SUCH A PERSON WOULD, FOLLOWING

RENUNCIATION OF BDTC THEREFORE REMAIN A BN(0), BUT WOULD HAVE TO

LOSE THIS ON 1 JULY 1997 UNDER ARTICLE 4(3). IF HE HAD NO OTHER

NATIONALITY, HE WOULD AT THAT POINT BECOME STATELESS. IT WOULD

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