TNAG-1385-FCO40-1833-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 196

CONFIDENTIAL

C

D

Background and Argument

3.

The Order in Council is designed to implement the UK

memorandum on nationality which was part of an exchange of

memoranda associated with the Joint Declaration on Hong

Kong. The framework for this legislation was laid out in

paragraph 2 of the Schedule to the Hong Kong Bill, which

enabled us to

legislate by Order in Council, and was

discussed fully during the parliamentary debate on that

Bill.

4. The order provides:

(a) that British Dependent Territories Citizenship (BDTC) by

virtue of a connection with Hong Kong cannot be retained

after 1 July 1997. The Order defines a connection with

..ong Kong, and excepts from loss of BDTC ship

people who are also BDTC s by

virtue of a

connection with another Dependent Territory.

those

separate

(b) that former BDTCs will be entitled to acquire a new form

of nationality before 1 July 1997, holders of which will

be known as British Nationals (Overseas), (BN(O)) and

passports appropriate to that status.

will come into being on 1 July 1987.

(c) for certain measures to reduce

are intended

The new status

statelessness.

These

to ensure that no-one should

measures

become stateless as a result of the Joint Declaration.

Any BDTC who fails to become a BN (O) on 1 July 1997 and

would otherwise be stateless will automatically become a

British Overseas Citizen (BOC). The children of a BN (O)

ог BOC born after 1 July 1997 and otherwise stateless

will become BOC s

The grandchildren will be able to

•

apply for BOC if born stateless. These provisions are

intended to cover the tiny minority of non-ethnic

Chinese BDTCs and their descendants. The vast majority

of BDTCs will have Chinese nationality.

CONFIDENTIAL