TNAG-1385-FCO40-1833-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 302

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ACCOMPANIED BY AN EXCHANGE OF MEMORANDA BETWEEN HER MAJESTY'S

GOVERNMENT AND THE CHINESE GOVERNMENT SETTING OUT THEIR

RESPECTIVE POSITIONS AS TO THE STATUS OF BRITISH DEPENDENT

TERRITORIES CITIZENS (BDTCR) IN HONG KONG AND RELATED ISSUES

(CMND 9352). HER MAJESTY'S GOVERNMENT IN THEIR MEMORANDUM STATE

THAT ALL THOSE WHO ON 30 JUNE 1997 ARE BDTCR BY VIRTUE OF A

CONNECTION WITH HONG KONG WILL CEASE TO HAVE THAT STATUS WITH

EFFECT FROM 1 JULY 1997, NOR WILL IT BE POSSIBLE TO ACQUIRE BDT

CITIZENSHIP BY VIRTUE OF A CONNECTION WITH HONG KONG ON OR AFTER

1 JULY 1997. BUT THOSE WHO WILL LOSE BDT CITIZENSHIP WILL BE

ELIGIBLE TO RETAIN AN APPROPRIATE STATUS (NOT TO BE ACQUIRED BY

ANYONE BORN ON OR AFTER 1 JULY 1997) WHICH WILL ENABLE THEM TO

CONTINUE TO USE BRITISH PASSPORTS, PROVIDED THAT THEY HOLD OR ARE

INCLUDED IN SUCH A PASSPORT BEFORE 1 JULY 1997 (OR 31 DECEMBER

1997 IF BORN IN THE FIRST SIX MONTHS OF THAT YEAR). ARRANGEMENTS

WILL BE MADE FOR THE RENEWAL AND REPLACEMENT OF THE NEW PASSPORTS

BY UNITED KINGDOM CONSULAR OFFICERS, AND FOR THE HOLDERS OF SUCH

PASSPORTS TO RECEIVE BRITISH CONSULAR PROTECTION WHEN IN THIRD

COUNTRIES. THE CHINESE GOVERNMENT IN THEIR MEMORANDUM STATE THAT

ALL HONG KONG CHINESE COMPATRIOTS, WHETHER THEY ARE HOLDERS OF

THE BRITISH DEPENDENT TERRITORIES CITIZENS' PASSPORT OR NOT, ARE

CHINESE NATIONALS. BUT TAKING ACCOUNT OF THE HISTORICAL

BACKGROUND OF HONG KONG AND ITS REALITIES, THE COMPETENT

AUTHORITIES OF THE CHINESE GOVERNMENT WILL, WITH EFFECT FROM 1

JULY 1997, PERMIT CHINESE NATIONALS IN HONG KONG WHO WERE

PREVIOUSLY BDTC- TO USE TRAVEL DOCUMENTS ISSUED BY THE UNITED

KINGDOM GOVERNMENT FOR THE PURPOSE OF TRAVELLING TO OTHER STATES

AND REGIONS.

5.

IT FOLLOWS FROM THE TERMS OF THE UNITED KINGDOM

MEMORANDUM, THAT THE STATUS THAT HONG KONG BDTCS WILL BE ELIGIBLE

TO RETAIN WILL NOT BE TRANSMISSIBLE TO ANY SUBSEQUENT GENERATIONS

AND THAT ONLY THOSE WHO ARE ALREADY BDTCS BY VIRTUE OF A

CONNECTION WITH HONG KONG ON 30 JUNE 1997 MAY RETAIN IT.

6.

THE HONG KONG ACT SETS OUT THE FRAMEWORK WITHIN WHICH THE

ORDER IN COUNCIL WILL FIT. THE ACT ALLOWS FOR PROVISION TO BE

MADE BY ORDER IN COUNCIL WHEREBY BDT CITIZENSHIP CANNOT BE

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CONFIDENTIAL