CONFIDENTIAL
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MADE BY ORDER IN COUNCIL WHEREBY BDT CITIZENSHIP CANNOT BE
RETAINED OR ACQUIRED ON OR AFTER 1 JULY 1997 BY VIRTUE OF A
CONNECTION WITH HONG KONG, AND WHEREBY BDTCS BY VIRTUE OF ANY SUCH CONNECTION MAY BEFORE THAT DATE (OR UP TO 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(0)).
THE HONG KONG ACT ALSO PROVIDES THAT SUCH AN ORDER MAY, INTER
ALIA:
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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 FINALLY APPROVED BY
PARLIAMENT, ARRANGEMENTS WILL BE MADE FOR THOSE ELIGIBLE TO BECOME BN(0)S TO APPLY, IF THEY SO WISH, FOR THAT STATUS TOGETHER WITH THE PASSPORTS IN WHICH THE STATUS WILL BE RECORDED. THESE ARRANGEMENTS ARE OUTSIDE THE SCOPE OF THE DRAFT ORDER AND ARE
BEING CONSIDERED SEPARATELY BETWEEN HER MAJESTY'S GOVERNMENT AND
THE GOVERNMENT OF HONG KONG. THEY WILL BE ANNOUNCED IN DUE
COURSE.
COMMENTARY ON THE PROVISIONS IN THE DRAFT ORDER (HEADING
UNDERLINED) (OPEN SQUARE BRACKETS) FOOTNOTE (1) THE TEXT OF THE ORDER REFERS, WHERE APPROPRIATE, ONLY TO THE MASCULINE GENDER (IE HE, HIS). THE INTERPRETATION ACT 1978 PROVIDES THAT WORDS
IMPORTING THE MASCULINE GENDER INCLUDE THE FEMININE, AND VICE
VERSA. THE NORMAL PRACTICE IN UNITED KINGDOM LEGILSATION IS TO
REFER TO THE MASCULINE GENDER IN ALL SUITABLE CASES. THE ORDER
SHOULD THEREFORE BE TAKEN TO INCLUDE THE FEMININE GENDER.
SQUARE BRACKETS)
CITATION, COMMENCEMENT AND EXTENT.
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