TNAG-1386-FCO40-1834-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 96

HONG KONG

DRAFT ORDER IN COUNCIL

NOTES ON ARTICLES

ARTICLE 3: LOSS OF BRITISH DEPENDENT TERRITORIES CITIZENSHIP

1.

Article 3 provides that those people identified under

Article 2(1) as BDTCs by virtue of a connection with Hong Kong

will lose that citizenship on 1 July 1997.

2.

The UK Memorandum associated with the Joint Declaration

refers to people who are such by virtue of a connection with Hong

Kong. Paragraph 2(1) of the Schedule to the Hong Kong Act 1985

follows this wording. The provisions of Article 3 will therefore

apply not only to persons whose BDTC status derives solely from

a connection with Hong Kong; but also to persons whose BDTC statu:

derives partly from a connection with Hong Kong and partly from

a connection with another dependent territory. Such persons are

regarded as having a connection with Hong Kong for the purposes

of the Order.

3. The wording of Article 3 ensures that its provisions do no

apply to those who derive their status as a BDTC not only through

a connection with Hong Kong, but also with an entirely separate

connection with another dependent territory. Such people will

retain their BDT citizenship by virtue of that other connection.

4.

The logic is that if a person can only claim to be a BDTC

by in some way relying on his connection with Hong Kong, then

that connection should not continue to maintain his BDTC status

after 1 July 1997.