TNAG-1384-FCO40-1832-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 76

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6.

THE HONG KONG ACT SETS OUT THE FRAMEWORK WITHIN WHICH THE

ORDER IN COUNCIL WILL FIT. IT ALLOWS FOR PROVISION TO BE MADE BY

ORDER IN COUNCIL WHEREBY BDT CITIZENSHIP CANNOT BE RETAINED OR

ACQUIRED ON OR AFTER 1 JULY 1997 BY VIRTUE OF CONNECTION WITH

HONG KONG, AND WHEREBY BDTCS BY VIRTUE OF ANY SUCH CONNECTION MAY

BEFORE THAT DATE (OR BEFORE 31 DECEMBER 1997 FOR PERSONS BORN IN

THE FIRST SIX MONTHS OF THAT YEAR) ACQUIRE A NEW FORM OF BRITISH

NATIONALITY. THE HOLDERS OF THE NEW NATIONALITY WILL BE KNOWN AS

BRITISH NATIONALS (OVERSEAS) (BN(O)). THE ACT ALSO PROVIDES THAT

SUCH AN ORDER MAY, INTER ALIA:

PROVIDE THAT THE NEW STATUS MAY BE HELD ON OR AFTER 1

JULY 1997 ONLY BY PEOPLE WHO ARE BDTCS ON 30 JUNE 1997:

MAKE PROVISION FOR THE AVOIDANCE OF STATELESSNESS: AND

MAKE SUCH OTHER CONSEQUENTIAL PROVISIONS AS MAY BE

NECESSARY FOR THE PURPOSE OF THE ORDER, INCLUDING

PROVISIONS AMENDING THE BRITISH NATIONALITY ACT 1981

AND ANY OTHER ENACTMENT.

THE ANNEXED DRAFT ORDER IN COUNCIL HAS BEEN PREPARED WITHIN THIS

FRAMEWORK.

7.

ONCE THE ORDER-IN-COUNCIL HAS BEEN FULLY APPROVED BY

PARLIAMENT ARRANGEMENTS WILL BE MADE FOR THOSE QUALIFIED TO

BECOME BN(0) S TO APPLY FOR THAT STATUS TOGETHER WITH THE

PASSPORTS IN WHICH IT WILL BE RECORDED. SINCE BRITISH PASSPORTS

ARE ISSUED UNDER THE PREROGATIVE THE DETAILED ARRANGEMENTS THAT

WILL BE MADE FOR THE ISSUE, RENEWAL AND REPLACEMENT OF BN(0)

PASSPORTS ARE OUTSIDE THE SCOPE OF THE ORDER. SO TOO ARE THE

REGULATIONS THAT WILL GOVERN THE MACHINERY FOR DEALING WITH

APPLICATIONS FOR BN (0) STATUS. THESE MATTERS ARE BEING PURSUED

SEPARATELY WITH THE GOVERNMENT OF HONG KONG.

COMMENTARY ON THE PROVISIONS IN THE DRAFT ORDER

TITLE, COMMENCEMENT AND EXTENT.

8.

ARTICLE 1 SETS OUT THE TITLE AND COMMENCEMENT DATE OF THE

ORDER AND ENSURES THAT IT FORMS PART OF THE LAW OF NORTHERN

IRELAND, THE CHANNEL ISLANDS, THE ISLE OF MAN AND THE DEPENDENT

TERRITORIES. COMMENCEMENT SHOULD BE NO LATER THAN 1 JULY 1987 IN ORDER TO ENABLE PASSPORTS RECORDING BN(0) STATUS TO BE ISSUED

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