TNAG-2629-FCO40-3820-Future-of-Hong-Kong-nationality-British-National-(Overseas)-1992 — Page 19

Annex A

(The

(0)

Chinese Memorandum

is also attached)

HICD 340

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CUT-OFF DATES AND TRANSITIONAL ARRANGEMENTS FOR HK BRITISH DEPENDENT TERRITORIES CITIZENS AND BRITISH NATIONALS (OVERSEAS)

Summary

1.

2.

BDTCs connected with Hong Kong will lose that status on 1 July 1997 but may acquire the status of British National (Overseas) before that date. BN(0) status will continue after that date. BN(0) status must be acquired before 1 July 1997.

Need for cut-off dates and transitional provisions for applications for BDTCs and BN (O)s to ensure applications are processed before 1 July 1997. Vires questions. Problems with UK memorandum associated with the Joint Declaration and the Chinese on the one hand, but risk of legal challenge from potential applicants for either status on the other hand.

Background

1.

British Dependent Territories citizens acquire their citizenship by virtue of the British Nationality Act 1981 Part II. Those in Hong Kong who have acquired this citizenship by virtue of a connection with Hong Kong will lose it when Hong Kong ceases to be a UK dependent territory on 30 June 1997. The United Kingdom Memorandum connected with the signing of the Joint Declaration declares that persons who on 30 June 1997 are BDTCs connected with Hong Kong will cease to be BDTCs with effect from 1 July 1997, but will be eligible to retain an appropriate status. This will entitle them to continue to use UK passports and to receive British consular services and protection in third countries, but will not carry the right of abode in the UK. This is British National (Overseas) status which was created by the Hong Kong (British Nationality) Order 1986. According to the UK Memorandum, it may only be acquired by BDTCs if they hold or are included in a British passport issued before 1 July 1997, except that eligible persons born on or after 1 January 1997 but before 1 July 1997 may obtain or be included in such a passport up to 31 December 1997. No one born on or after 1 July 1997 may acquire this status.

2.

The problem which has been exercising the Hong Kong Government, the FCO and the Home Office concerns cut-off dates and transitional arrangements.

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