TNAG-1385-FCO40-1833-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 212

CO.IDENTIAL

25.

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 (BOC) on 1 July 1997 if they would otherwise

be stateless. In addition it makes similar provision for 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 automatically at

birth on children born on or after 1 July 1997 to former Hong Kong BDTCs

if those children would otherwise be stateless. It covers such children

both of Hong Kong BDTCs who became BN (0)s, and of those who failed to acquire BN(0) status, and who themselves became BOCs under Article 6(1).

27. Article 6(3) and (4) fulfil Her Majesty's Government's commitments

to grandchildren born after 1 July 1997, of former Hong Kong BDTCs if the

grandchildren are born stateless. It was proposed during the passage of

the Hong Kong Bill that the automatic provisions made for the first

generation should not apply to the second generation, but that they

should have an entitlement to registration as BOCs parallel to the

entitlement to registration as BDTCs provided by sections 17(2) and (3)

of the British Nationality act 1981, which are described in paragraph 24

above.

28.

Article 6(5) qualifies Article 6(3) to the extent that section 17(4)

of the British Nationality Act 1981 qualifies section 17(2). That is to say, it empowers the Secretary of State to accept an application within 6

years rather than 12 months of birth, if he thinks fit in the special

circumstances of any particular case.

Amendments to British Nationality Act 1981

29.

Article 7 sets out the amendments which will be necessary to the

1981 Act.