TNAG-1384-FCO40-1832-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 154

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THAN THIS. THE UNITED KINGDOM MEMORANDUM RESTRICTS THE

ACQUISITION OF BN(0) STATUS TO THOSE WHO WERE BDTCS IMMEDIATELY

BEFORE 1 JULY 1997. BUT IT IS NECESSARY TO COVER THE (SOMEWHAT

UNLIKELY) CIRCUMSTANCES OF PEOPLE WHO, HAVING ACQUIRED BN(0)

STATUS SOME YEARS PREVIOUSLY, THEN RENOUNCE BDT CITIZENSHIP: THE

TWO STATUSES ARE QUITE DISTINCT AND THERE IS NOTHING TO PREVENT

THIS. THEY WILL NOT BECOME STATELESS ON RENUNCIATION OF BDT

CITIZENSHIP BECAUSE THEY WILL STILL HAVE BN(0) STATUS BUT WILL

HAVE TO LOSE THIS STATUS TOO ON 1 JULY 1997 UNDER ARTICLE 4(3).

WERE THEY TO HAVE NO OTHER NATIONALITY, THEY WOULD AT THAT POINT

BECOME STATELESS AND THE GOVERNMENT IS COMMITTED TO ENSURING THAT

STATELESSNESS WILL NOT ARISE UNDER THE ORDER.

27. ARTICLE 6(2) CONFERS BRITISH OVERSEAS CITIZENSHIP ON

OTHERWISE STATELESS CHILDREN BORN ON OR AFTER 1 JULY 1997 TO

BN(O)S OR FORMER BDTCS WHO THEMSELVES BECAME BRITISH OVERSEAS

CITIZENS ON 1 JULY 1997 BY VIRTUE OF THIS ORDER.

28. ARTICLES 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 REGISTRATION AS BRITISH DEPENDENT TERRITORIES

CITIZENS PROVIDED BY SECTIONS 17(2) AND (3) OF THE BRITISH

NATIONALITY ACT 1981.

29. ARTICLE 6(5) QUALIFIES ARTICLE 6(3) TO THE EXTENT THAT

SECTION 17(4) OF THE BRITISH NATIONALITY ACT 1981 QUALIFIES

SECTION 17(2).

AMENDMENTS TO BRITISH NATIONALITY ACT 1981

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

THE 1981 ACT.

31. ARTICLE 7(2) FULFILS THE COMMITMENT TO INCLUDE BN (0)S IN TH

CATEGORIES OF THOSE ENTITLED TO REGISTRATION UNDER SECTION 4 OF

THE BRITISH NATIONALITY ACT 1981.

32.

ARTICLE 7(3) PROVIDES THAT BN(0)S WILL REMAIN COMMONWEALTH

CITIZENS.

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