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The Hong Kong Act 1985
2.11 Section 1(1) of the HK Act provides that, as from 1 July 1997, Her Majesty shall no longer have sovereignty or jurisdiction over any part of HK. This section reflects the Agreement reached in para. 2 of the Joint Declaration (see para. 1.2 above). After 1 July 1997, it clearly would not be appropriate for HK BDTC's to retain their status since HK will no longer be a British Dependency. Consequently, para. 2 of the Schedule to the HK Act provides that an Order in Council may be made whereby BDTC status is no longer retained or acquired after 1 July 1997 but instead HK BDTC's "acquire a new form of British nationality the holders of which shall be known as British Nationals (Overseas)". Provisions relating to the new status of BNO are set out in the HK Nationality Order. (Article 5 of that Order also removes the reference to "Hong Kong" from the list of Dependent Territories in Schedule 6 to the BNA as from 1 July 1997.) However, the new status of BNO, like the status of BDTC before it, confers no right of abode in the UK. The provisions of the HK Act and HK Nationality Order relating to BNO status reflect the UK Memorandum which states that all persons who, on 30 June 1997 are HK BDTC's, will cease to be so from 1 July 1997 but "will be able to retain an appropriate status which, without conferring the right of abode in the United Kingdom, will entitle them to continue to use passports issued by the Government of the United Kingdom". It is clear from the wording of para. 2(1)(b) that an order in Council under para. 2 could not make provision for BDTC's to acquire British citizenship since that paragraph refers to the acquisition of "a new form of British nationality". The effect of the HK Nationality Order and the Chinese Declaration is therefore that HK BDTC's who have not registered as BNO's by 30 June 1987 will become citizens of the Peoples Republic of China. Provisions relating to applications for BNO
status are set out in
in the British Nationality (Hong Kong) Regulations 1986 (S.I. 1986/2175).
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