TNAG-1383-FCO40-1831-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 150

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

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BE DIFFICULT TO ARGUE THAT HIS STATELESSNESS WAS NOT THEN A

RESULT OF THE AGREEMENT, AND WE ARE COMMITTED TO ENSURING THAT

NEXT THREE WORDS UNDERLINES NO FORMER BDTC WILL SO BECOME

STATELESS.

SUBJECT TO MINISTERIAL AGREEMENT, IT SEEMS THAT WE

WILL THEREFORE HAVE TO PICK UP THOSE (HIGHLY UNLIKELY) PERSONS

WHO FOUND THEMSELVES IN THIS SITUATION. THE ALTERNATIVE WOULD BE

TO REQUIRE ANYONE WHO HAD ACQUIRED BN(0) STATUS AND WHO THEN

PROPOSED TO RENOUNCE BDTC, TO RENOUNCE BOTH. IF SUCH

RENUNCIATION WOULD THEN RENDER HIM STATELESS, REGISTRATION OF HIS

RENUNCIATION WOULD HAVE TO BE REFUSED UNDER SECTION 12(3) OF THE

BNA 1981. ON BALANCE, THE COURSE PROPOSED IN THE DRAFT ORDER

SEEMS BETTER.

22. ARTICLE 6(2): THIS PROVISION CATERS FOR THE OTHERWISE

STATELESS CHILDREN BORN ON OR AFTER 1 JULY 1997 OF BN (0)S OR

FORMER BDTCS WHO THEMSELVES BECAME BOCS ON 1 JULY 1997.

23. ARTICLE 6(3): THIS PROVISION FULFILS THE GOVERNMENT'S

COMMITMENTS TO SECOND GENERATION CHILDREN IF THEY ARE BORN

STATELESS. MINISTERS AGREED THAT THE AUTOMATIC PROVISIONS MADE

FOR THE FIRST GENERATION SHOULD NOT APPLY TO THESE CHILDREN, BUT

THAT THEY SHOULD HAVE AN ENTITLEMENT TO REGISTRATION AS BOCS

PARALLEL TO THE ENTITLEMENT TO REGISTRATION AS BDTCS PROVIDED BY

SECTION 17(2) AND (3) OF THE BNA 1981.

24. ARTICLE 6(4): THIS FOLLOWS THE RELEVANT PROVISIONS OF

SECTION 17(3) OF THE BNA 1981.

25. ARTICLE 6(5). THERE IS NO SPECIFIC MINISTERIAL AUTHORITY TO

EXTEND THE TWELVE MONTH TIME LIMIT TO SIX YEARS. BUT TO THE

EXTENT THAT ARTICLE 17(4) OF THE BNA 1981 QUALIFIES SECTION

17(2), THEN IT WOULD APPEAR THAT A SIMILAR QUALIFICATION IS

REQUIRED HERE.

BRITISH NATIONALITY ACT 1981

26. ARTICLE 7 SETS OUT THE AMENDMENTS WHICH WILL BE NECESSARY TO

THE BNA 1981.

27.

ARTICLE 7(2) FULFILS THE COMMITMENT TO INCLUDE BN(O)S IN THE

CATEGORIES OF THOSE ENTITLED TO REGISTRATION UNDER SECTION 4 OF

THE BNA 1981.

28.

ARTICLE 7(3) FULFILS THE COMMITMENT THAT BN(0)S WILL BE

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