TNAG-1385-FCO40-1833-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 120

CONFIDENTIAL

The Chinese Government in their Memorandum state that all Hong Kong Chinese compatriots, whether they are holders of the BDTC passport or not, are Chinese nationals. But taking account of the historical background of Hong Kong and its realities, the competent authorities of the Chinese Government will, with effect from 1 July 1997, permit Chinese nationals in Hong Kong who were previously BDTCs to use travel documents issued by the United Kingdom Government for the purpose of travelling to

other states and regions.

5.

It follows from the terms of the United Kingdom Memorandum that the

status that Hong Kong BDTCs will be eligible to retain will not be transmissible to any subsequent generation and that only those people who are already BDTCs by virtue of a connection with Hong Kong on 30 June

1997 may retain it.

6. The Hong Kong Act sets out the framework within which the Order in

Council will fit. The Act 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 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)).

Hong Kong 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;

The

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.

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