TNAG-1384-FCO40-1832-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 100

CONFIDENTIAL

status, and who themselves became British Overseas citizens

under Article 6(1).

27.

Article 6(3) and (4) fulfil the Government's

commitments to second generation children if they are born

stateless. It was proposed during the passage of the Hong

Kong Bill 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 British

Overseas citizens parallel to the entitlement to regist-

ration as British Dependent Territories citizens provided

by sections 17 (2) and (3) of the British Nationality Act

1981, which are described in paragraph 24 above.

28.

Article 6(5) qualifies Article 6(3) to the extent

that section 17 (4) of the British Nationality Act 1981

qualifies section 17 (2). That is to say, it empowers the

Secretary of State to accept an application within 6 years

rather than 12 months of birth, if he thinks fit in the

special circumstances of any particular case.

Amendments to British Nationality Act 1981

29.

Article 7 sets out the amendments which will be

necessary to the 1981 Act.

30.

Article 7(2) includes BN (0)s in the categories of

those entitled to registration as British citizens under

section 4 of the British Nationality Act 1981.

31.

will remain

Article 7(3) provides that BN (0) s

Commonwealth citizens in line with other British nationals.

This does not, of course, imply that Hong Kong will remain

part of the Commonwealth after 30 June 1997.

32.

Article 7(4)

-

7(12) encompass all the other amend-

ments which will be necessary to the 1981 Act. In partic-

ular, Article 7(4)(d) ensuses that no fee will be charged

for registration as a BN (O).

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