TNAG-1386-FCO40-1834-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 97

HONG KONG

DRAFT ORDER IN COUNCIL

NOTES ON ARTICLES

ARTICLE 4: RIGHT TO ACQUIRE NEW STATUS OF BRITISH NATIONAL

(OVERSEAS)

1.

Article 4 sets out the arrangements for acquiring the

status of British National (Overseas) (BN(0)).

2.

Article 4(1) provides that the new status shall come into

being on 1 July 1987, that is to say, on the commencement date of

the Order. Introduction of the new status and issuing of the

passport that goes with it must be on the same day, because the

two elements are effectively indivisible.

3.

Article 4(2) contains three elements:

a)

the date by which BN (0) status must be acquired

b)

the method of acquisition of BN (0) status at

entitlement and

c)

a concomitant entitlement to hold a BN (0)

passport.

a)

The date by which BN (0) status must be acquired

4.

The UK Memorandum states that the new BN(0) status to

which Hong Kong BDTCs will be eligible will be acquired by such

persons only if they hold or are included in a passport approp-

riate to that status issued before 1 July 1997; except that

children born between 1 January and 30 June 1997 inclusive may

obtain or be included in such a passport up to 31 December 1997.

This is reflected in the wording of paragraph 2(1)(b) of the

Schedule to the Hong Kong Act, with which Article 4(2) is

consistent.