TNAG-1567-FCO40-2132-Future-of-Hong-Kong-nationality-and-passports-Hong-Kong-(Br-1986 — Page 81

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

BACKGROUND NOTE

STATELESSNESS

INTERNATIONAL OBLIGATIONS

1961 UNITED NATIONS CONVENTION ON THE REDUCTION OF STATELESSNESS

1.

This Convention, ratified by the United Kingdom Government in

March 1966, places certain obligations on contracting states to grant

its nationality to persons born stateless either in or outstide its

Reins territory. The Convention allows for the grant of nationality tô bé make

subject to a number of specific conditions, including such matters as

time limits for application, a specific period of residence in the

territory concerned, and questions of national security etc.

1977 UNITED NATIONS INTERNATIONAL COVENANT ON ECONOMIC SOCIAL AND

CULTURAL RIGHTS

2.

This Covenant was ratified by the United Kingdom Government in

May 1976. Article 12 states that "No-one shall be arbitrarily deprived

of the right to enter his own country". In ratifying this Covenant

the United Kingdom Government reserved the right to continue to apply

such immigration restrictions as they deemed necessary, and their

acceptance of this Article was on that basis. This reservation extended

to the dependent territories.

DEFINITION OF STATELESSNESS

3.

There does not appear to be any internationally agreed definition

of statelessness, but we take it to mean "Having no form of citizenship For nationality of any country". If a person can show that he is not

accepted as a national of any country, then we will regard him as being

stateless for the purposes of the British Nationality Act 1981.

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