TNAG-1384-FCO40-1832-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 55

CONFIDENTIAL

26. Article 6(2) confers British Overseas citizenship at birth on

children born on or after 1 July 1997 to former Hong Kong BDTCs 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).

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 aobve.

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.

Amendments to British Nationality Act 1981

29.

Article 7 sets out the amendments which will be necessary to

the 1981 Act.

30.

Article 7(2) includes BN (0)s in the categories of those

entitled to registration as British citizens under section 4 of the

British Nationality Act 1981.

Article 7(3) provides that BN(0)s will remain Commonwealth

citizens in line with other British nationals.

31.