TNAG-1383-FCO40-1831-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 184

CONFIDENTIAL

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.

26.

Article 6(6). Normally, a BOC does not automatically lose this status if he takes another nationality. But it was thought that in the Hong Kong circumstances those who had acquired BOC under these arrangements simply on the basis of their statelessness should lose it if they acquired another nationality. But so far as we can tell there is no Ministerial

approval for taking this course, and there may be justifiable objections

to our seeking to create two classes of BOC in this way. This provision is therefore placed in square brackets for further consideration.

British Nationality Act 1981

27.

Article 7 sets our the amendments which will be necessary to the

BNA 1981.

28.

Article 7(2) fulfils the commitment to include BN(0)s in the

categories of those entitled to registration under section 4 of the

BNA 1981.

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