TNAG-2932-FCO40-4207-Future-of-Hong-Kong-nationality-British-National-(Overseas)-1993 — Page 30

SELDRIT BFHCH

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Article from Hong Kong Economic Journal of

YOU CAN BECOME BRITISH OVERSEAS CITIZENS.

Annex C

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The nationality sub-committee of the Legislative Council convened on 31 March to discuss the issue concerning steps currently taken by the British Government to amend the relevant Order in Council to compel Hong Kong residents to change to BN (O) passports (British National Overseas passports). The Principal Assistant Secretary for Security Mr. Simon Vickers said that the measure of replacing passports in phases was purely an administrative measure, since there were presently 3 million BDTC holders and only 400,000 odd BN(0) holders, and that if a huge number of people were to replace passports at the last minute before 1 July 1997, the Immigration Department would be unable to cope. However, members of the nationality sub-committee of the Legislative Council lashed out at the policy saying that it would deprive residents of their right to hold BDTC passports because according to the Sino-British Joint Declaration all BDTC passport holders were only required to register and have their passports replaced with BN (0) passports before 1 July 1997. The reason why a great majority of BDTC holders had still not changed to BN (0) passports was that they feared they would have to face some uncertainties after losing BDTC status.

BN(0) STATUS CANNOT BE INHERITED

In fact, the uncertainties have already been made clear: firstly, those who obtain BN (0) passports will not be considered as stateless persons (They are recognized by Britain as British overseas nationals who are non-British citizens, while China regards BN (0) passports as a kind of travelling document. In fact BN (0) passport holders are Chinese nationals in the eyes of China); secondly, it is stipulated in the Joint Declaration that BN(O) passports Can only be issued to "persons, born before 1 July 1997 of such persons (BN(0) passport holders), who had previously been included in the passport of their parent." In other words, BN(0) status cannot be passed on to the next generation born after 1 July 1997.

Then what would happen to those BDTC passport holders who have not yet changed to BN(0) passports by I July 1997? The writer had mentioned in his commentary on 18 January that they would probably "become BOC (British Overseas Citizens) automatically". This has already been confirmed by Mr. Simon Vickers, the Principal Assistant Secretary for Security. As stated by Mr. Vickers in the nationality sub-committee of LegCo on 31 March, "The Hong Kong Government would adopt procedures similar to that of

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