TNAG-1384-FCO40-1832-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

CONFIDENTIAL

2550

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ARE BEING PURSUED SEPARATELY WITH THE GOVERNMENT OF HONG KONG.

COMMENTARY ON THE ANNEXED DRAFT ORDER-IN-COUNCIL

CITATION, COMMENCEMENT AND EXTENT.

8.

ARTICLE 1 SETS OUT THE CITATION AND COMMENCEMENT DATE OF THE

ORDER AND EXTENDS ITS SCOPE TO NORTHERN IRELAND, THE CHANNEL ISLANDS, THE ISLE OF MAN AND DEPENDENT TERRITORIES. COMMENCEMENT

SHOULD BE NO LATER THAN 1 JULY 1987 IN ORDER TO MATCH THE NORMAL

TEN YEAR VALIDITY PERIOD OF BRITISH PASSPORTS.

CONNECTIONS WITH HONG KONG

9. ARTICLES 2 AND 3 FALL TO BE CONSIDERED WITH THE PROVISIONS

OF PARAGRAPH 2(1)(A) OF THE SCHEDULE TO THE ACT. THEY HAVE THE

EFFECT OF DEFINING THE PEOPLE WHO WILL LOSE BDTC BY VIRTUE OF A

CONNECTION WITH HONG KONG, AND THE PEOPLE WHO WILL BE ENTITLED T

ACQUIRE BN(0).

10.

ARTICLE 2(1) SETS OUT IN COMPACT FORM AND FOR THE PURPOSES

OF NATIONALITY UNDER THE ORDER THOSE PEOPLE WHO ARE TO BE TAKEN

AS ING A CONNECTION WITH HONG KONG. IT ENCOMPASSES HE

QUALIFYING CONNECTIONS LISTED IN ANNEX 2.

11.

ARTICLE 2(1)(A) TAKES BIRTH OR NATURALISATION OR

REGISTRATION IN HONG KONG AS EACH BEING A SUFFICIENT CONNECTION

IN ITSELF. ANYONE BORN IN HONG KONG BEFORE 1983, OR NATURALISED

OR REGISTERED THERE BEFORE THAT DATE BECAME A BDTC ON 1 JANUARY

1983 UNDER THE BRITISH NATIONALITY ACT 1981. ALL THESE PEOPLE

EITHER HAVE OR WILL HAVE THE RIGHT OF ABODE IN HONG KONG, AND AR

PROPERLY TO BE REGARDED AS BDTCS BY VIRTUE OF A CONNECTION WITH

HONG KONG. THE HONG KONG GOVERNMENT WILL BE MAKING THE NECESSARY

ARRANGEMENTS TO CONFER RIGHT OF ABODE THERE ON ANY OF THOSE

AFFECTED WHO DO NOT ALREADY HAVE IT. NO ONE WHO HAS THE RIGHT O

ABODE IN HONG KONG UNDER THE PRESENT ARRANGEMENTS WILL LOSE IT

(OPEN SQUARE BRACKETS) BEFORE 1997 (CLOSE SQUARE BRACKETS). AS

REGARDS BIRTH IN HONG KONG, ARTICLE 2(1)(A) READ IN CONJUNCTION

WITH ARTICLE 2(3) IS SO FRAMED AS TO EXCLUDE BIRTH IN HONG KONG

ON OR AFTER 1 JANUARY 1983 WHERE NEITHER PARENT IS SETTLED THERE

OR WHERE NEITHER PARENT IS A BDTC BY VIRTUE OF A CONNECTION WITH

HONG KONG. (SEE ALSO PARAGRAPH 19).

12.

ARTICLE 2(1)(B) IS CONCERNED WITH ADOPTION.

ADOPTION IN

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CONFIDENTIAL

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