TNAG-1386-FCO40-1834-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 111

HONG KONG

DRAFT ORDER IN COUNCIL

ARGUMENTS FOR AMENDMENT

3.

ACQUISITION OF BN (0) STATUS:

A.

NEED TO APPLY

1.

This relates to the provisions of Article 4(2).

2.

It may be argued that BN (0) status should be automatically

conferred on Hong Kong BDTCS, and that they should not have to

apply for it.

Line to Take

3. This is not possible under the terms of the UK Memorandum.

This provides that the new nationality status, namely BN (O), may

be acquired by Hong Kong BDTCs "only if they hold or are included

in such a British passport [that is a passport describing them as having the status in question] issued before 1 July 1997 .....".

The requirement to hold a BN (0) passport precludes automatic

acquisition of the status, since clearly automatic acquisition of a

passport is impossible.

4.

Automatic acquisition of BN (0) status is anyway undesirable.

There may be a number of Hong Kong BDTCs who do not wish to acquire

BN(0) status. They may, for example, have left Hong Kong

permanently, settled elsewhere and taken up another nationality.

Acquisition of BN(0) status must be an act of choice on the part

of those who actively want it.

Scope for amendment

5.

No scope for automatic acquisition of BN(0) status.