TNAG-1383-FCO40-1831-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 270

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.

Article 6(4):

24.

of the BNA 1981.

this follows the relevant provisions of section 17(3)

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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