TNAG-1384-FCO40-1832-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 33

CONFIDENTIAL

5790 - 1

60, COLUMNS 237 AND 238). THE PROVISIONS IN RESPECT OF THESE

GRANDCHILDREN PARALLEL THOSE OF SECTION 17(2) AND (3) OF THE

BRITISH NATIONALITY ACT 1981. THESE PROVIDE THAT A CHILD BORN

OUTSIDE THE DEPENDENT TERRITORIES IS ENTITLED TO BE REGISTERED AS

A BDTC IF AN APPLICATION IS MADE WITHIN 12 MONTHS OF THE BIRTH

AND IF:

25.

A) HIS OR HER MOTHER OR FATHER ('THE PARENT IN QUESTION')

WAS A BDTC BY DESCENT AT THE TIME OF THE BIRTH AND

B) THE FATHER OR MOTHER OF THE PARENT IN QUESTION WAS A

BDTC OTHERWISE THAN BY DESCENT AT THE TIME OF THE BIRTH

OF THE PARENT IN QUESTION, OR BECAME SUCH A BDTC ON 1

JANUARY 1983, OR WOULD HAVE DONE SO BUT FOR HIS OR HER

DEATH: AND

C) THE PARENT IN QUESTION, UNLESS THE CHILD IS BORN

STATELESS, WAS IN A DEPENDENT TERRITORY FOR SOME PERIOD

OF 3 YEARS PRIOR TO THE BIRTH, WITHOUT BEING ABSENT FOR

MORE THAN 270 DAYS DURING THAT PERIOD.

ARTICLE 6(1) PROVIDES THAT THOSE HONG KONG BDTCS WHO HAVE

NOT ACQUIRED BN(0) STATUS, FOR WHATEVER REASON, SHOULD

AUTOMATICALLY ACQUIRE BRITISH OVERSEAS CITIZENSHIP ON 1 JULY 1997

IF THEY WOULD OTHERWISE BE STATELESS. IN ADDITION IT MAKES

SIMILAR PROVISION FOR THOSE (SOMEWHAT UNLIKELY) PERSONS WHO CEASE

TO BE BN (0)S ON 1 JULY 1997 UNDER ARTICLE 4(3), IF THEY TOO WOULD

OTHERWISE BE STATELESS.

26.

ARTICLE 6(2) CONFERS BRITISH OVERSEAS CITIZENSHIP AT

BIRTH ON CHILDREN BORN ON OR AFTER 1 JULY 1997 TO FORMER HONG

KONG BDTC IF THOSE CHILDREN WOULD OTHERWISE BE STATELESS. IT

COVERS SUCH CHILDREN BOTH OF HONG KONG BDTCS WHO BECAME BN(0)S,

AND OF THOSE WHO FAILED TO ACQUIRE BN(0) STATUS, AND WHO

THEMSELVES BECAME BRITISH OVERSEAS CITIZENS UNDER ARTICLE 6(1).

ENDS

FOR REMAINDER OF TEXT SEE MIFT.

RIFKIND

HONG KONG AGREEMENT: NATIONALITY.

LIMITED

HD/HKD

HD/FED

HD/NTD

RESEARCH DEPT.(MR WALKER)

D/HD PUSD

PS

PS/MR LUCE

PS/LADY YOUNG

PS/PUS

SIR W HARDING MR WILSON

COPIES TO:

MR ROBERTS NEWS DEPT.

MR FIFOOT LEGAL ADVISERS

MR GRAINGER, LEGAL ADVISERS

MR HYDE, HOME OFFICE

MR NICHOLSON, PASSPORT DEPT, HOME

OFFICE.

MR EMERY, B4 DIV, HOME OFFICE,

Mr Miller, MVD

CONFIDENTIAL

MAL

6.

CROYDON.