TNAG-1567-FCO40-2132-Future-of-Hong-Kong-nationality-and-passports-Hong-Kong-(Br-1986 — Page 46

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EFFECTIVENESS OF BRITISH OVERSEAS CITIZEN AND BRITISH NATIONAL

STATELESSNESS (OVERSEAS) STATUS

Line to take

Quite wrong to suggest that British Overseas citizenship and the status of British National (Overseas) are not effective forms of nationality. British Overseas citizenship is a recognisable British nationality status. Ita holders may travel on British passports and are entitled to British consular protection in third countries. There are some 2 million British Overseas citizens throughout the world, of whom about 800,000 have no other nationality. They are, by definition, former citizens of the United Kingdom and Colonies who did not have the right of abode in the United Kingdom. The British Nationality Act 1981 in no way altered this position. In its discussions of the BNA 1981 Parliament approved British Overseas citizenship as an appropriate nationality status for these people whose sole connection was with a former dependency. Parliament similarly approved the provision of British Overseas citizenship as a means of preventing statelessness.

British National (Overseas) status was also approved by Parliament in the discussion of the Hong Kong Act 1985. By challenging the provisions in the draft Order on the grounds that neither British National (Overseas) nor British Overseas citizenship is an effective form of nationality, noble Lords are really seeking to attempt to reopen questions which Parliament has already considered and decided.