TNAG-1386-FCO40-1834-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 116

HONG KONG

DRAFT ORDER IN COUNCIL

ARGUMENTS FOR AMENDMENT

5.

LOSS OF BN (0) STATUS ON OR BEFORE JULY 1997

1.

This relates to Article 4(3).

2.

It may be argued that if a BN(0) renounces or is deprived

of BDTC he should not lose BN (0) status at the same time, but shoul

at least retain it until 30 June 1997.

Line to take

3. This particular provision is in accordance with the express

wish of Hong Kong. They argued that since BN (0) status derives

from BDTC status, it would be wrong for a person to be able to

retain the former when he renounced or was deprived of the latter.

The Government accepted this argument. Under the terms of this

provision it would not be possible for a person to renounce his

BDTC status and consequently his BN (0) status if that would leave

him stateless. This is precluded by section 12 of the BNA 1981,

the provisions of which extend to this Order by virtue of Article

7(10).

Scope for amendment

4.

If necessary, it would be possible to permit BN (0)s to

retain this status after renunciation of BDTC, and until

30 June 1997. But this would be contrary to Hong Kong's express

wishes, and it is difficult to see the logic or sufficient

justification for doing so.