TNAG-1566-FCO40-2131-Future-of-Hong-Kong-nationality-and-passports-Hong-Kong-(Br-1986 — Page 152

HONG KONG NATIONALITY ORDER IN COUNCIL

POINTS FOR CRITICISM

6.

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

CRITICISM

1.

If before 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.

PROVISION IN THE ORDER

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 Kong. They argued that since BN (0) status derives from

BDTC status, it would be wrong for a person to be able to retain

the former when he renounced or was deprived of the latter. The

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).

E.10

.1