17 MAY '89 16:28 INDB4 LUNAR HOUSE 01 760 2822
P.7/8
the Hong Kong (British
Nationality) Order 1986 provides that
23.
The Chinese government have indicated their acceptance of arrangements
after 1947 under which/persons in Hong Kong who are former BDTCs may hold a British passport and a Hong Kong Special Administrative Region passport simultaneously.
24. It is not, of course, obligatory for a BDTC to apply for BN(0) status. If he does not do so, and if on 1 July 1997 he has another nationality eg
his Chinese, he will automatically lose British nationality. If he does not have
Dependent Territories citizenship
another nationality and would otherwise be stateless,
the Order the status of
he will automatically grants to become a British Overseas citizen (BOC). We have therefore ensured that him no-one will become stateless as
China.
a result of the reversion of Hong Kong to
The 1986 Order applies equally to all BOTC's by virtue of a connection with Hong Kong, whatever their
25. those BDTCs who are not ethnically Chinese have the right, other Hong Kong BDTC, to acquire BN(0) status.
like any
If they do not acquire it, they too will automatically
and would otherwise be stateless on 1 July 1997, become BOCs. Their children and grandchildren born after 1997 will also (if they would otherwise be stateless) acquire British Overseas citizenship. After this second generation we would expect that, by then, those concerned would be prepared to take up the citizenship of the country in which they live. The Chinese authorities have indicated that they would be free to apply for Chinese nationality in accordance with the stipulated procedure.
26.
We understand that the Committee is interested in the question whether the powers which created BN(0) status could be used again so as to give BDTCs or BN(0)s an entitlement to right of abode in the UK or British citizenship. We do not believe that they could, The Order-making power is effectively confined (by paragraph 2(1)(b) of the Schedule to the Hong Kong Act 1985) to purposes necessary to establish the new form of nationality to be held by
which may those formerly BDTCS. It could not be used to alter the right of abode or citizenship status of BDTCs or BNOs. Primary legislation would be required
to make such a change.
create
ethnic origin. Thurs,
1
6
No comments yet.
Private notes are available after approval.