TNAG-1566-FCO40-2131-Future-of-Hong-Kong-nationality-and-passports-Hong-Kong-(Br-1986 — Page 156

HONG KONG NATIONALITY ORDER IN COUNCIL

POINTS FOR CRITICISM

9. BRITISH OVERSEAS CITIZENSHIP

CRITICISM

1. The draft Order implies some distinction in status between British

Overseas citizens created by the draft Hong Kong Order and the same

citizenship under the British Nationality Act 1981.

Otherwise there

would not be a specific reference to a BOC under the Order in

Article 7(8).

PROVISION IN THE ORDER

2.

Article 7(8) makes it clear that a British Overseas citizen created

by the draft Order is the same for the purposes of the BNA 1981 as

a British Overseas citizen created under that Act.

Line to Take

There is no distinction between BOCs, whether under the 1981 Act

or under this Order. The reference is there to make sure there is

no mis-understanding under the law as to the meaning of British Overseas

citizenship in the context of the BNA 1981.

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