TNAG-1386-FCO40-1834-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 203

Chinese Government setting out their respective positions as to the status of British Dependent Territories citizens (BDTCs) in Hong Kong and related issues (Cmnd. 9352). Her Majesty's Government in their Memorandum state that all those who on 30 June 1997 are BDTCs by virtue of a connection with Hong Kong will cease to have that status with effect from 1 July 1997, and it will not be possible to acquire BDT citizenship by virtue of a connection with Hong Kong on or after 1 July 1997. But those who will lose BDT citizenship will be eligible to retain an appropriate status (not to be acquired by anyone born on or after 1 July 1997) which will enable them to continue to use British passports, provided that they hold or are included in such a passport before 1 July 1997 (or up to 31 December 1997 if born in the first six months of that year). Arrange- ments will be made for the renewal and replacement of those passports by United Kingdom Consular Officers, and for the holders of such passports to receive British Consular protection when in third countries. The Chinese Govern- ment in their Memorandum state that all Hong Kong Chinese compatriots, whether they are holders of the BDTC passport or not, are Chinese nationals. But taking account of the historical background of Hong Kong and its realities, the competent authorities of the Chinese Government will, with effect from 1 July 1997, permit Chinese nationals in Hong Kong who were previously BDTCs to use travel documents issued by the United Kingdom Government for the purpose of travelling to other states and regions.

5. It follows from the terms of the United Kingdom Memorandum that the status that Hong Kong BDTCs will be eligible to retain will not be transmissible to any subsequent generation and that only those people who are already BDTCs by virtue of a connection with Hong Kong on 30 June 1997 may retain it.

6. The Hong Kong Act sets out the framework within which the Order in Council will fit. The Act allows for provision to be made by Order in Council whereby BDT citizenship cannot be retained or acquired on or after 1 July 1997 by virtue of a connection with Hong Kong, and whereby BDTCs by virtue of any such connection may before that date (or up to 31 December 1997 for persons born in the first six months of that year) acquire a new form of British nationality. The holders of the new nationality will be known as British Nationals (Overseas)(BN(0)). The Hong Kong Act also provides that such an Order may, inter alia:

-provide that the new status may be held on or after 1 July 1997 only by

people who are BDTCs on 30 June 1997;

-make provision for the avoidance of statelessness; and

-make such other consequential provisions as may be necessary for the purpose of the Order, including provisions amending the British Nation- ality Act 1981 and any other enactment.

The annexed draft Order in Council has been prepared within this framework.

7. Once the Order in Council has been finally approved by Parliament, arrangements will be made for those eligible to become BN(O)s to apply, if they so wish, for that status, together with the passports in which the status will be recorded. These arrangements are outside the scope of the draft Order and are being considered separately between Her Majesty's Government and the Govern- ment of Hong Kong. They will be announced in due course.

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