TNAG-1387-FCO40-1835-Future-of-Hong-Kong-nationality-and-citizenship-1986 — Page 6

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BN(0) STATUS FOR WHATEVER REASON, WILL AUTOMATICALLY ACQUIRE

BRITISH OVERSEAS CITIZENSHIP ON 1 JULY 1997 IF THEY WOULD

OTHERWISE BE STATELESS UNDER ARTICLE 6 OF THE DRAFT ORDER IN

COUNCIL. THE ORDER FURTHER CONFERS BRITISH OVERSEAS CITIZENSHIP

AT BIRTH ON CHILDREN BORN ON OR AFTER 1 JULY 1997 TO FORMER HONG

KONG BDTCS IF THOSE CHILDREN WOULD OTHERWISE BE STATELESS, AND

PROVIDES AN ENTITLEMENT TO REGISTRATION AS BRITISH OVERSEAS

CITIZENS TO THE GRANDCHILDREN OF FORMER HONG KONG BDTCS IF BORN

STATELESS. THESE PROVISIONS ARE PARALLEL TO THE PROVISIONS IN

THE BNA 1981 FOR BRITISH CITIZENSHIP AND BDTC SHIP TO BE PASSED ON

BY DESCENT FOR TWO GENERATIONS. NON-CHINESE BDTCS WILL THEREFORE

BE ABLE TO ACQUIRE A FORM OF BRITISH NATIONALITY FOR TWO

GENERATION AFTER 1997.

8.

THIS TAKES US UP TO THE MIDDLE OF THE 21ST CENTURY. HONG

KONG WILL BY THEN HAVE BEEN PART OF CHINA FOR SOME TIME. THE

GOVERNMENT BELIEVE THAT THE RIGHT COURSE FOR PEOPLE WHO HAVE BEEN

LIVING IN WHAT IS PART OF CHINA WILL THEN BE TO APPLY FOR CHINESE

NATIONALITY. WE HAVE DISCUSSED THIS WITH THE CHINESE GOVERNMENT

AND THEY HAVE CONFIRMED THAT CHINESE NATIONALITY LAWS ALLOW

PEOPLE LIVING IN CHINA WHO ARE STATELESS TO APPLY FOR CHINESE

NATIONALITY, AND THAT THEIR CASES WOULD BE DEALT WITH BY THE APPROPRIATE AUTHORITIES. THEY WILL NOT OF COURSE BE COMPELLED TO

APPLY FOR CHINESE NATIONALITY.

9.

THESE PROVISIONS SECURE SO FAR AS IT IS REASONABLY

POSSIBLE TO DO SO THE FUTURE NATIONALITY STATUS OF NON-CHINESE

BDTCS IN HONG KONG. THEY CANNOT HOWEVER SECURE RIGHT OF ABODE IN HONG KONG, WHICH WILL NOT BE A BRITISH TERRITORY AFTER 1997. THE SINO-BRITISH JOINT DECLARATION HOWEVER CLEARLY SETS OUT WHO IS TO

HAVE THE RIGHT OF ABODE IN THE HONG KONG SPECIAL ADMINISTRATIVE

REGION. IT GUARANTEES THE RIGHT OF ABODE TO THOSE WHO HAVE LIVED

IN HONG KONG FOR 7 YEARS AND HAVE TAKEN IT AS THEIR PLACE OF PERMANENT RESIDENCE: TO ANY OF THEIR CHILDREN UNDER 21 WHO WERE BORN IN HONG KONG: AND TO ANYONE WHO HAD THE RIGHT OF ABODE ONLY

IN HONG KONG BEFORE 1 JULY 1997. THIS SHOULD COVER ALL NON-CHINESE BDTCS WHO DO NOT HAVE THE RIGHT OF ABODE ELSEWHERE.

TAKEN TOGETHER WE ARE THEREFORE MEETING THE WISHES

10.

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