TNAG-1387-FCO40-1835-Future-of-Hong-Kong-nationality-and-citizenship-1986 — Page 197

CONFIDENTIAL

HONG KONG NATIONALITY WHITE PAPER

ARGUMENTS FOR AMENDMENT

6.

LOSS OF BN (0) STATUS ON OR BEFORE JULY 1997

Argument

1.

befire

If after 1997 a BN (0) renounces or is deprived of his BDTC

he should not lose BN (0) status at the same time, but should at

least retain it until 30 June 1997.

Government Proposal

2.

Article 4(3) of the Order provides that if a person ceases

to be a British Dependent Territories citizen he shall also cease

to be a BN(0).

Line to Take

3.

Simultaneous loss of status is in accordance with the express wish of Hong. They argued that since BN (0) status derives from BDTC status, it would be wrong for a person to be able to retain

The the former when he renounced or was deprived of the latter. Government accept this argument. It will not be possible however for a person to renounce his BDTC status and consequently his BN(0) status if that would leave him stateless. This is precluded by

section 12 of the British Nationality Act 1981, the provisions of

which extend to this Order by virtue of Article 7(10).

Scope for Amendment

4.

Undesirable. If necessary, it would technically be possible to permit BN(0)s to retain this status after renunciation of BDTC, and until 30 June 1997. But this would be contrary to Hong Kong's express wishes, and it is difficult to see the logic

or sufficient justification for doing so.