TNAG-1387-FCO40-1835-Future-of-Hong-Kong-nationality-and-citizenship-1986 — Page 191

CONFIDENTIAL

HONG KONG NATIONALITY WHITE PAPER

3.

ACQUISITION OF BN (0) STATUS: NEED TO APPLY

Argument

1.

BN(0) status should be automatically conferred on Hong Kong

BDTCS. They should not have to apply for it.

Government Proposals

2.

but they

Article 4(2) of the draft Order provides that an eligible

person shall be entitled to be registered as a BN(0):

will need to apply.

Line to Take

3.

People should not be obliged to have BN (0), if they do not want to: and automatic acquisition should not be possible under

the terms of the Memorandum.

Background Note

4.

Automatic acquisition is not possible under the terms of the UK Memorandum. The Memorandum provides that the new

nationality status, namely BN (O), may be acquired by Hong Kong BDTCS "only if they hold or are included in such a British passport [that is a passport describing them as having the status in question] issued before 1 July 1997

The requirement

to hold a BN (0) passport precludes automatic acquisition of the status, since clearly automatic acquisition of a passport is

impossible.

•

•

5.

Automatic acquisition of BN(0) status is anyway undesirable. There may be a number of Hong Kong BDTCs who do not wish to acquire BN(0) stúatus. They may, for example, have left Hong Kong permanently, settled elsewhere and taken up another nationality. Acquisition of BN (0) status must be an act of choice on the part

of those who actively want it.