TNAG-1386-FCO40-1834-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 103

HONG KONG

DRAFT ORDER IN COUNCIL

NOTES ON ARTICLES

AL

ARTICLE 7: BRITISH NATIONALITY ACTS

1.

Article 7 sets out the amendments which will be necessary

to the British Nationality Act 1981 and British Nationality

(Falkland Islands) Act 1983 in order to incorporate in this

legislation the new status of BN(0).

2.

Article 7(2) includes BN (0)s in the categories of those

eligible to apply for registration as British citizens under

section 4 of the 1981 Act.

3.

Article 7(3) provides that BN (0)s will remain Commonwealth

citizens under section 3 of the 1981 Act in line with other

British nationals.

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geting on to a C

4.

Article 7(4) includes the Order in the regulation and

Order making powers of section 41 of the BNA 1981.

a)

Section 41(1) empowers the Secretary of State to make

regulations to provide for carrying into effect the purposes

of the Act. As far as the Order is concerned the most important

of these concerns the manner in which, and the persons to and

by whom applications for registration as BN (0)s may be made.

The intention is that the bulk of the applications should be

processed by the Governor of Hong Kong The regulations

governing this and the method of application and other related

matters will be made later. Article 7(4)(a), (b) (c) empower

the Secretary of State to make such regulations.

b)

"

Section 41(2) empowers the Secretary of State to charge

fees in connection with applications for citizenship effecting

of registrations, supplying copies of certificates, carrying

out searches, etc. Article 7(4)(d) ensures that no fee will be

charged for registration as a BN(0) (although there will be a

fee for issuing a passport).