TNAG-1385-FCO40-1833-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 20

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

STATELESSNESS

CONFIDENTIAL

13. THE DRAFT ORDER ALSO MAKES PROVISIONS TO GUARD AGAINST STATELESS-

NESS. IT PROVIDES THAT THOSE BDTCS WHO CEASE TO BE BDTCS ON 1 JULY

1997 WOULD AUTOMATICALLY BECOME BRITISH OVERSEAS CITIZENS (BOCS) IF

THEY WOULD OTHERWISE BE STATELESS.

14. IT ALSO PROVIDES THAT THE CHILDREN BORN ON OR AFTER 1 JULY 1997

OF BDTCS WOULD AUTOMATICALLY BECOME BOCS IF THEY WOULD OTHERWISE

BE STATELESS. THE GRANDCHILDREN BORN ON OR AFTER 1 JULY 1997 OF

BDTCS WOULD HAVE AN ENTITLEMENT OF REGISTER AS BOCS WITHIN 12 MONTHS

OF THEIR BIRTH IF THEY WOULD OTHERWISE BE STATELESS.

PROVISIONS FOR CHILDREN BORN IN HONG KONG TO REGISTER AS PDTCS

15. AS REGARDS CHILDREN BORN IN HONG KONG ON OR AFTER 1 JANUARY 1983, UNDER EXISTING PROVISIONS OF THE BRITISH NATIONALITY ACT 1981

SUCH CHILDREN WILL ONLY ACQUIRE BDT CITIZENSHIP AT BIRTH IF ONE

PARENT IS EITHER A BDTC OR SETTLED IN A DEPENDENT TERRITORY. THUS

CHILDREN OF RECENT IMMIGRANTS WHO HAVE NOT ACQUIRED BDT CITIZENSHIP

OR ACHIEVED SETTLED STATUS IN HONG KONG ARE NOT BDTCS BY BIRTH.

THEY WILL NOT THEREFORE HAVE HONG KONG BELONGER STATUS AT BIRTH.

BUT THERE ARE PROVISIONS UNDER THE BNA 1981 (SECTION 15(3) AND

(4)) FOR SUCH CHILDREN TO HAVE (NEXT WORD UNDERLINED) ENTITLEMENT

TO REGISTER AS BDTCS IF

A) WHILE THEY ARE MINORS EITHER PARENT BECOMES A BDTC OR SETTLED IN

A DEPENDENT TERRITORY (SECTION 15(3)):

OR

B) THE CHILDREN HAVE IN THE FIRST TEN YEARS OF THEIR LIVES BEEN

ABSENT FROM HONG KONG FOR NOT MORE THAN 90 DAYS IN EACH OF THE TEN

YEARS AND APPLICATIONS FOR THEIR REGISTRATION AS BDTCS ARE SUBMITTED

AFTER THEY REACHED THE AGE OF TEN YEARS (SECTION 15(4)).

17. EXPLANATORY LEAFLETS ON THESE PROVISIONS FOR CHILDREN BORN IN

HONG KONG ON OR AFTER 1 JANUARY 1983 TO REGISTER AS PDTCS ARE

AVAILABLE AT ALL BIRTHS REGISTRIES OF THE IMMIGRATION DEPARTMENT.

ENQUIRIES ON THIS QUESTION MAY BE DIRECTED TO THE CHIEF IMMIGRATION

OFFICER (BIRTHS, DEATHS AND MARRIAGES) ON TELEPHONE NO 3-7328513.

DATE OF CREATIONOF BN(0) STATUS

18 THE UK GOVERNMENT INTEND TO CREATE THE BN (0) STATUS WITH EFFECT

FROM 1 JULY 1987 IN ORDER TO MAINTAIN THE PRESENT PRACTICE OF

ISSUING PASSPORTS VALID FOR TEN YEARS. IF BN(0) PASSPORTS WERE NOT

AVAILABLE WITH EFFECT FROM 1 JULY 1997, THERE WOULD BE NO ALTERNATIVE

TO ISSUING HONG KONG BDTCS, WITH EFFECT FROM 1 JULY 1987, WITH

BRITISH PASSPORTS WITH A PROGRESSIVELY SHORTER PERIOD OF VALIDITY.

19. HONG KONG BDTCS MAY APPLY FOR BN(0) PASSPORTS AS FROM 1 JULY 1987

(NEXT FOUR WORDS UNDERLINED) IF THEY SO WISH, BUT THEY MAY HOLD EITHER BN (0) OR BDTC PASSPORTS. ONCE HONG KONG BDTCS HAVE ACQUIRED

BN(0) STATUS ON APPLYING FOR BN(0) PASSPORTS, THEY WILL HOLD BN(0) STATUS CONCURRENTLY WITH BDTC STATUS UNTIL 30 JUNE 1997, UNLESS THEY RENOUNCE OR ARE DEPRIVED OF THEIR BDTC STATUS BEFORE 30 JUNE

1997.

3

CONFIDENTIAL

ARRANGEMENT

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