TNAG-1385-FCO40-1833-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 299

CONFIDENTIAL

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THIS PRINCIPLE WAS EXTENDED IN THE COMMITTEE STAGE OF THE HONG

KONG BILL IN THE HOUSE OF LORDS TO THE GRANDCHILDREN OF FORMER

BDTCS IF THEY ARE BORN STATELESS (OFFICIAL REPORT: VOLUME 461,

NUMBER 60, COLUMNS 237 AND 238). THE PROVISIONS IN RESPECT OF

THESE GRANDCHILDREN PARALLEL THOSE OF SECTION 17(2) AND (3) OF

THE BRITISH NATIONALITY ACT 1981. THESE PROVIDE THAT A CHILD

BORN STATELESS OUTSIDE THE DEPENDENT TERRITORIES IS ENTITLED TO

BE REGISTERED AS A BDTC IF AN APPLICATION IS MADE WITHIN 12

MONTHS OF THE BIRTH AND IF:

25.

A) HIS OR HER MOTHER OR FATHER ('THE PARENT IN QUESTION')

WAS A BDTC BY DESCENT AT THE TIME OF THE BIRTH AND

B) THE FATHER OR MOTHER OF THE PARENT IN QUESTION WAS A

BDTC OTHERWISE THAN BY DESCENT AT THE TIME OF THE BIRTH

OF THE PARENT IN QUESTION, OR BECAME SUCH A BDTC ON 1

JANUARY 1983, OR WOULD HAVE DONE SO BUT FOR HIS OR HER

DEATH.

ARTICLE 6(1) PROVIDES THAT THOSE HONG KONG BDTC 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 ANY 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 BOC 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).

ENDS

FOR REMAINDER OF TEXT SEE MIFT.

HOWE

HONG KONG AGREEMENT: NATIONALITY.

LIMITED

HD/HKD HD/FED HD/NTD

RESEARCH DEPT.(MR WALKER)

D/HD PUSD

PS

PS/MR LUCE

PS/LADY YOUNG

PS/PUS

SIR W HARDING MR WILSON

COPIES TO:

MR ROBERTS, NEWS DEPT.

MR FIFOOT LEGAL ADVISERS

MR GRAINGER, LEGAL ADVISERS MR HYDE, HOME OFFICE

MR NICHOLSON, PASSPORT DEPT, HOME

OFFICE.

MR EMERY, B4 DIV, HOME OFFICE,

Kr Miller, MVD

CROYDON.

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