TNAG-1849-FCO40-2624-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1989 — Page 124

18.

Paragraph 2 of the Schedule to the 1985 Act permits the making of an

Order in Council which, inter alia, may contain "such supplementary,

transitional and consequential provisions as appear to Her Majesty to be

necessary or expedient for the purposes of the Order, including provisions

amending the British Nationality Act 1981 and any other enactment".

The Hong

Kong (British Nationality) Order 1986, Statutory Instrument No.948 came into

force on 1 July 1987, setting up the necessary arrangements and adding

references to BN (0) alongside references to BDTC where necessary in the

relevant legislation.

19. The Order provides, in accordance with the terms of the UK Memorandum,

that persons who are BDTCs by virtue of a connection with Hong Kong will lose

that status from 1 July 1997. But before that date they will have the right

to acquire the status of British National (Overseas) and to retain this new

status for life. BN(0) status cannot be passed on to future generations.

20.

The issue of passports to BN(0)s began on 1 July 1987 and some 60,000

people have been issued with one. BDTC passports currently held by Hong Kong

people will remain valid to their date of expiry (or until 30 June 1997,

whichever is earlier) or until they are handed in on application for a BN (0)

passport. In order to guard against misuse of passports it will not be

possible to hold two simultaneously in different statuses.

21.

A BN(O) has an entitlement to full British consular protection or

services when travelling or residing abroad, except in China. He will also be exempt (as are BDTCs) under the Immigration Rules from any requirement to

hold an entry certificate or visa to visit the UK. This was announced by the

Home Secretary in a Written Answer on 23 April 1986 (OR cols 146-148) when he

agreed that an endorsement reflecting the position should be placed in the

BN(0) passport. The endorsement reads: "In accordance with the United

Kingdom Immigration Rules, the holder of this passport does not require an entry certificate or visa to visit the United Kingdom."

22.

In addition the Government agreed with the Chinese Government that the

passports of BN(0)s would be endorsed, in the following terms, to record their right of abode in Hong Kong and their returnability to Hong Kong both

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