TNAG-1384-FCO40-1832-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 70

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MEET THIS REQUIREMENT, AND CANNOT THEREFORE RETAIN BN (0) STATUS BEYOND THAT DATE.

REMOVAL OF HONG KONG FROM LIST OF DEPENDENT TERRITORIES.

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ARTICLE 5 DELETES HONG KONG FROM THE LIST OF BRITISH DEPENDENT TERRITORIES IN SCHEDULE 6 TO THE BRITISH NATIONALITY ACT 1981 AS FROM 1 JULY 1997.

PROVISIONS FOR REDUCING STATELESSNESS.

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ARTICLE 6 SETS OUT THE PROVISIONS PROPOSED DURING THE DEBATES ON THE HONG KONG BILL FOR AVOIDING OR REDUCING STATELESSNESS. THE UNDERLYING PRINCIPLE IS THAT NO FORMER BDTC, NOR ANY CHILD BORN ON OR AFTER 1 JULY 1997 TO SUCH A PERSON, SHOULD BE STATELESS AS A RESULT OF THE JOINT DECLARATION. PRINCIPLE WAS EXTENDED IN THE COMMITTEE STAGE OF THE HONG KONG BILL IN THE HOUSE OF LORDS TO THE GRANDCHILDREN OF FORMER BDTCS IF THEY ARE BORN STATELESS (OFFICIAL REPORT: VOLUME 461, NUMBER 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:

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

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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

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