TNAG-1386-FCO40-1834-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 108

relevant date by virtue of a connection with Hong

Kong and

b)

persons who are British Dependent Territories

citizens by virtue of any such connection

As long as that connection is necessary to establish their

citizenship then it is right that they should come within the

terms of the Order. The terms "a connection" and "any such

connection" cannot therefore be confined to an exclusive connection

with Hong Kong.

6.

The bulk of the persons affected will be BDTCs by virtue

only of a connection with Hong Kong. But since Hong Kong will

cease to be a dependent territory in 1997, it follows from the

wording of the UK Memorandum and the Hong Kong Act that any

connection with Hong Kong which results in a person holding British

Dependent Territories citizenship must also be severed. But those

persons who can show that they can derive their British Dependent

Territories citizenship not only from a connection with Hong Kong

(either wholly or partly), but also wholly from a separate

connection with another dependent territory, are exluded from the

provisions of the Order by virtue of Article 3. An example, as

given in the White Paper is:

a person born on or after 1 January 1983 in Bangkock of a father who was born in Hong Kong and a mother

who was born in Gibraltar.

Such a person would be a BDTC even without the Hong Kong

connection, since he or she could demonstrate an independent route

to that citizenship by virtue of a connection with Gibraltar

through the mother.

Scope for amendment

7.

None. Any amendment on these lines would not be

consistent with the UK Memorandum and the Hong Kong Act.