TNAG-1386-FCO40-1834-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 121

HONG KONG

DRAFT ORDER IN COUNCIL

ARGUMENTS FOR AMENDMENT

8.

DISTINCTION BETWEEN BRITISH OVERSEAS CITIZENS UNDER THE

ORDER AND UNDER THE BRITISH NATIONALITY ACT 1981

1.

This relates to Article 7(8). It may be argued that

since there is no distinction between a British Overseas citizen

under the 1981 Act, and a British Overseas citizen under this

Order, the second reference in Article 7(8) is unnecessary.

Alternatively it may be argued that the fact of this reference

indicates that there is a distinction between the two.

Line to take

2.

There is no distinction between BOCs, whether under the

1981 Act or under this Order. The reference is there for

convenience to make sure there is no mis-understanding.

Scope for amendment

3.

The reference may be dropped without harm, if Parliament

so wishes.