TNAG-1384-FCO40-1832-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 99

CONFIDENTIAL

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

25.

c)

unless the child is born stateless,

the parent in question 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 BDTCs if those children would otherwise be state-

less. It covers such children both of Hong Kong BDTCs who

became BN (0)s, and of those who failed to acquire BN (0)

9