before and after 1 July 1997: "The holder of this passport has Hong Kong
permanent identity card number (XYZ) which states that the holder has the
right of abode in Hong Kong".
23.
The Chinese government have indicated their acceptance of arrangements
under which after 1997 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
Chinese, he will automatically lose British nationality. If he does not have
another nationality and would otherwise be stateless, he will automatically
become a British Overseas citizen (BOC). We have therefore ensured that
no-one will become stateless as a result of the reversion of Hong Kong to
China.
25. All Hong Kong BDTCS including those not ethnically Chinese, have the
right to acquire BN (0) status. If they do not acquire it, and would
otherwise be stateless on 1 July 1997, they too will automatically 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 create the new form of nationality which may be held
by 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.
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