CONFIDENTIAL
9628 - 1
2.
DURING THE PASSAGE OF THE HONG KONG BILL, THE INDIAN
COMMUNITY IN HONG KONG POINTED OUT THAT ALTHOUGH UNDER CHINESE NATIONALITY LAW THEY WILL BE ABLE AFTER 1997 TO APPLY FOR CHINESE CITIZENSHIP, ONLY BDTCS OF CHINESE ETHNICITY AND THEIR
DESCENDANTS WILL BE CHINESE NATIONALS AUTOMATICALLY, AND THOSE OF
ETHNIC INDIAN ORIGIN MIGHT HAVE THEIR APPLICATIONS REFUSED AND
THEY AND THEIR CHILDREN BE LEFT STATELESS.
3.
TO MEET THESE CONCERNS THE GOVERNMENT HAS UNDERTAKEN THAT
NO FORMER HONG KONG BDTC OR ANY CHILD BORN AFTER 1997 TO SUCH A
PERSON SHOULD BECOME STATELESS AS A RESULT OF THE AGREEMENT. BY VIRTUE OF ARTICLE 4(2) OF THE DRAFT ORDER HONG KONG BDTCS CAN OPT TO BECOME BRITISH NATIONALS (OVERSEAS), BUT UNDER ARTICLE 6(1) OF THE DRAFT ORDER ANY BDTC WHO FOR ANY REASON HAS NOT OPTED TO BECOME A BRITISH NATIONAL (OVERSEAS) (NEXT WORD UNDERLINED) AND HAS NO OTHER NATIONALITY WILL AUTOMATICALLY ACQUIRE BRITISH OVERSEAS CITIZENSHIP ON 1 JULY 1997 AND, UNDER ARTICLE 6(2), ANY CHILDREN OF FORMER HONG KONG BDTCS BORN ON OR AFTER THAT DATE (NEXT FIVE WORDS UNDERLINED) WHO WOULD OTHERWISE BE STATELESS (FOR EXAMPLE IF THEY ARE NOT REGARDED AS CHINESE NATIONALS AND HAVE NO OTHER FORM OF NATIONALITY) WILL AUTOMATICALLY ACQUIRE BRITISH OVERSEAS CITIZENSHIP AT BIRTH. ARTICLE 6(3) OF THE DRAFT ORDER ALSO PROVIDES, AS A RESULT OF REPRESENTATIONS IN THE HOUSE OF LORDS ON BEHALF OF THE MINORITY COMMUNITIES, THAT THE GRANDCHILDREN OF FORMER HONG KONG BDTCS, IF BORN STATELESS, WILL BE ENTITLED TO REGISTER AS BRITISH OVERSEAS CITIZENS. THIS IS PARALLEL TO PROVISIONS IN THE BRITISH NATIONALITY ACT 1981 FOR
BRITISH CITIZENS AND BDTCS.
4.
THERE ARE NOW CALLS FOR NON-ETHNIC CHINESE BDTCS TO BE GRANTED BRITISH CITIZENSHIP, WITH ITS CONCOMITANT RIGHT OF ABODE (NEXT FOUR WORDS UNDERLINED) IN THE UNITED KINGDOM, RATHER THAN THE STATUS OF BN (0) OR BRITISH OVERSEAS CITIZEN: BUT UNDER THE SINO-BRITISH AGREEMENT SUCH PEOPLE AND THEIR CHILDREN WILL CONTINUE TO HAVE THE RIGHT OF ABODE IN HONG KONG AFTER 1997 AND THE ODER MAKES SURE THAT NONE OF THEM WILL BE STATELESS. THESE ARRANGEMENTS SAFEGUARD THE INTERESTS OF BDTCS WHO ARE NOT OF CHINESE ETHNICITY AND THEIR DEPENDANTS UP TO ABOUT THE MIDDLE OF
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CONFIDENTIAL
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