TNAG-1384-FCO40-1832-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 185

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 to 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

having a connection with Hong Kong. It encompasses all the

qualifying connections listed in Annex 2.

11.

The

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 are properly to be

regarded as BDTCs by virtue of a connection with Hong Kong.

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 of abode in Hong Kong

under the present arrangements will lose it (before 1997). 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).