CONFIDENTIAL
6449
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TERRITORY.
SUCH PEOPLE WILL RETAIN THEIR BDT CITIZENSHIP.
EXAMPLES OF SUCH A PERSON ARE:
A) A PERSON BORN AFTER 1 JANUARY 1983 IN BANGKOK TO A
FATHER WHO WAS BORN IN HONG KONG AND A MOTHER WHO WAS
BORN IN GIBRALTAR:
B) A CHILD ADOPTED AFTER 1 JANUARY 1983 WHERE THE MOTHER
IS A BDTC BY VIRTUE OF BIRTH IN HONG KONG, AND THE FATHER
IS A BDTC BY VIRTUE OF BIRTH IN BERMUDA.
RIGHT TO ACQUIRE NEW STATUS OF BRITISH NATIONAL (OVERSEAS)
20.
ARTICLE 4(1) SPECIFIES THE DATE ON WHICH BN(0) STATUS
WILL COME INTO BEING. FOR THE REASONS EXPLAINED IN PARAGRAPH 8
ABOVE IT IS INTENDED THAT IT SHOULD BE INTRODUCED 10 YEARS BEFORE
1 JULY 1997.
21.
ARTICLE 4(2) ENABLES HONG KONG BDTCR WHO WILL LOSE THAT
CITIZENSHIP ON 1 JULY 1997 TO HAVE AN ENTITLEMENT TO ACQUIRE
BN(0) STATUS AND TO HOLD OR BE INCLUDED IN A PASSPORT APPROPRIATE
TO THAT STATUS. THE REFERENCE TO PASSPORTS IS CONSISTENT WITH
THE WORDING OF THE UNITED KINGDOM MEMORANDUM (SEE PARAGRAPH 4
ABOVE).
22.
ARTICLE 4(3) ACCORDS WITH THE TERMS OF THE UNITED KINGDOM
MEMORANDUM. IN ORDER TO BE ELIGIBLE TO ACQUIRE BN(0) STATUS A
PERSON MUST BE A BDTC ON 30 JUNE 1997. A PERSON WHO ACQUIRES
BN(0) STATUS AND SUBSEQUENTLY RENOUNCES OR IS DEPRIVED OF BDTC
STATUS BEFORE 30 JUNE 1997 WILL NOT MEET THIS REQUIREMENT, AND
CANNOT THEREFORE RETAIN BN(0) STATUS BEYOND THAT DATE.
REMOVAL OF HONG KONG FROM LIST OF DEPENDENT TERRITORIES
23.
ARTICLE 5 DELETES HONG KONG FROM THE LIST OF BRITISH
DEPENDENT TERRITORIES IN SCHEDULE 6 TO THE BRITISH NATIONALITY
ACT 1981 AS FROM 1 JULY 1997.
PROVISIONS FOR REDUCING STATELESSNESS
24.
ARTICLE 6 SETS OUT THE PROVISIONS PROPOSED DURING THE
DEBATES ON THE HONG KONG BILL FOR AVOIDING OR REDUCING
STATELESSNESS. THE UNDERLYING PRINCIPLE IS THAT NO PERSON WHO
LOSES HIS BDTC STATUS AS A RESULT OF THE ORDER (HEREAFTER 'FORMER
BDTC') OR ANY CHILD BORN ON OR AFTER 1 JULY 1997 TO SUCH A
PERSON, SHOULD BE STATELESS AS A RESULT OF THE JOINT DECLARATION.
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