TNAG-1384-FCO40-1832-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 27

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MY 3 IPTS: HONG KONG AGREEMENT: NATIONALITY ORDER IN COUNCIL

FOLLOWING IS REMAINDER OF REVISED TEXT OF WHITE PAPER REFERRED TO

IN PARA 9 OF MY FIRST IPT.

BEGINS

27.

ARTICLE 6(3) AND (4) FULFIL HER MAJESTY'S 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, 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.

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