NationMaster - Encyclopedia: British National (Overseas)

This article concerns matters of British nationality law in relation to Hong Kong.

Hong Kong Act 1985

The Hong Kong Act 1985 was passed in anticipation of the handover of Hong Kong to the People's Republic of China. The Act created an additional category of British nationality known as British National (Overseas) or BN(O). Image File history File links BNO advertisement, HK Magazine, Hong Kong. ... Image File history File links BNO advertisement, HK Magazine, Hong Kong. ... HK Magazine is a free weekly English-language magazine available at certain premises in Hong Kong. ... The United Kingdom has arguably the worlds most complex nationality laws, because of its former status as an imperial power. ...

There were some 3.5 million residents of Hong Kong who held British Dependent Territories citizen (BDTC) status by virtue of their connection with Hong Kong. Another 2 million other Hong Kong residents are believed to have been eligible to apply to become BDTCs. Upon handover, they would have lost this status and became solely PRC citizens. Uncertainty about the future of Hong Kong under PRC rule led to the United Kingdom creating a new category of nationality for which Hong Kong BDTCs could apply. Any Hong Kong BDTC who wished to do so was able to acquire the (non-transmissible) status of British National (Overseas). Nationality Law of the Peoples Republic of China This law is applicable to the acquisition, loss and restoration of nationality of the Peoples Republic of China. ... In the technical terminology of political science the PRC was a communist state for much of the 20th century, and is still considered a communist state by many, though not all political scientists. ...

The 1985 Act was brought into effect by the Hong Kong (British Nationality) Order 1986. Article 4(1) of the Order provided that on and after 1 July 1987, there would be a new form of British nationality, the holders of which would be known as British Nationals (Overseas). Article 4(2) of the Order provided that adults and minors who had a connection to Hong Kong were entitled to make an application to become British Nationals (Overseas) by registration. July 1 is the 182nd day of the year (183rd in leap years) in the Gregorian Calendar, with 183 days remaining. ... 1987 is a common year starting on Thursday of the Gregorian calendar. ...

Becoming a British National (Overseas) was therefore not an automatic or involuntary process and indeed many eligible people who had the requisite connection with Hong Kong never applied to become British Nationals (Overseas). Acquisition of the new status had to be voluntary and therefore a conscious act. To make it involuntary or automatic would have been contrary to the assurances given to the PRC government which led to the words "eligible to" being used in paragraph (a) of the United Kingdom Memorandum to the Sino-British Joint Declaration. Any person who failed to register as a British Nationals (Overseas) by 1 July 1997 and would thereby be rendered stateless, automatically became a British Overseas citizen under article 6(1) of the Hong Kong (British Nationality) Order 1986. The Sino-British Joint Declaration on the Question of Hong Kong (The Joint Declaration), was signed by the Prime Ministers of the Peoples Republic of China (PRC) and the United Kingdom (UK) governments on December 19, 1984 in Beijing. ... July 1 is the 182nd day of the year (183rd in leap years) in the Gregorian Calendar, with 183 days remaining. ... 1997 is a common year starting on Wednesday of the Gregorian calendar. ...

No person could become a British National (Overseas) automatically by being born in Hong Kong, by descent or by any involuntary means. A person was required to make an application on the prescribed form to the British authorities, and applicants only became a British National (Overseas) when their application was approved and duly registered under the authority of the Home Secretary. The deadline for applications passed in 1997. The Home Secretary (official full title Secretary of State for the Home Department) is the chief United Kingdom government minister responsible for law and order in England and Wales; his or her remit includes policing, the criminal justice system, the prison service, internal security, and matters of citizenship and immigration. ...

It should be noted that the PRC Government does not recognise British National (Overseas) or British citizen passports issued to former Hong Kong British Dependent Territories citizens, who must obtain a Home Return Permit to enter mainland China. The Republic of China (Taiwan) only fully recognises British citizens but does not recognise British Nationals (Overseas), with the caveat that Taiwan does not fully recognise the British nationality of naturalised British citizens who were born in China (the PRC). They have additional hurdles to clear under Taiwanese law before being granted residence visas for Taiwan. British Nationals (Overseas) are not eligible to participate in the Visa Waiver Program of the United States. This article needs to be cleaned up to conform to a higher standard of quality. ... National motto: None Official language Mandarin Chinese Capital and largest city Taipei President Chen Shui-bian Premier Frank Hsieh Area - Total - % water Ranked 138th 35,980 kmÂ² 2. ... Under pressure of the Peoples Republic of China (PRC), the Republic of China (ROC) does not treat the Peoples Republic of China as a foreign country. The ROC partially recognise the Chinese-ness of ethnic Chinese people of Hong Kong so it does not fully recognise their British... The Visa Waiver Program (VWP) is a program of the United States of America which allows citizens of specific countries to travel to the US for tourism or business for up to 90 days without having to obtain a visa. ...

For more information about the nationality issues of Hong Kong people, please refer to the article on Hong Kong Politics. On July 1, 1997, the Peoples Republic of China (PRC) resumed its exercise of sovereignty over Hong Kong, ending more than 150 years of British colonial control. ...

British Nationality (Hong Kong) Act 1990

After the Tiananmen Square protests of 1989, many people in Hong Kong began to fear for their future post-1997. Emigration was rampant and a brain-drain was beginning to affect the economy of Hong Kong. To stem the drain, people urged the British Government to grant full British citizenship to all Hong Kong BDTCs — but this request was never accepted. However, in view of Britain's special obligation to Hong Kong as the one dependent territory whose people were unable to exercise the fundamental right of self-determination, it was considered necessary to devise a British Nationality Selection Scheme to enable some of the population to obtain British citizenship to maintain confidence in Hong Kong and to counteract the effects of the emigration of many of its most talented residents. The United Kingdom made provision to grant citizenship to 50,000 families whose presence was important to the future of Hong Kong under the British Nationality Act (Hong Kong) 1990. Under the Act, the Home Secretary was required to register any person recommended by the Governor of Hong Kong (as well as the applicant's spouse and minor children) as a British citizen. Any person who was registered under the Act automatically ceased to be a British Dependent Territories citizen (and also ceased to be a British National (Overseas), if they had that status) upon registration as a British citizen. No person can be registered under the Act after 30 June 1997. The Unknown Rebel â€” This famous photo, taken by Associated Press photographer Jeff Widener, depicts a lone protester whose actions halted the progress of a column of advancing tanks for over half an hour. ... Section 1(1) of the British Nationality (Hong Kong) Act 1990 gave the Home Secretary the power to register as British citizens up to 50,000 persons (heads of families) recommended to him by the Governor of Hong Kong. ... The Governor of Hong Kong (é¦™æ¸¯ç¸½ç£) was a British official who ruled Hong Kong during the colonial period between 1841 and 1997 and was ex officio Commander-in-Chief and Vice-Admiral of Hong Kong. ... June 30 is the 181st day of the year (182nd in leap years) in the Gregorian Calendar, with 184 days remaining, and the last day of June. ... 1997 is a common year starting on Wednesday of the Gregorian calendar. ...

Hong Kong (War Wives and Widows) Act 1996

Women who have received assurance from the Secretary of State that they would be eligible for settlement in the United Kingdom on the basis of their husband's war service in the defence of Hong Kong may be registered as British citizens if:

There is no requirement for the woman to hold (or have held) any form of British nationality.

Women registered as British citizens under this Act acquire British citizenship otherwise than by descent

British Nationality (Hong Kong) Act 1997

Another special group of solely Hong Kong British nationals were the non-Chinese ethnic minorities of Hong Kong. They were primarily people of Indian & Pakistani descent. After the handover to the People's Republic of China, they would not be accepted as citizens of the PRC, as they were not of Chinese descent or Chinese race. They would be left effectively stateless — they would have British nationality but no right of abode in the UK, and residence rights in Hong Kong, but no claim to PRC nationality. The Rt Hon Jack Straw MP, present Secretary of State for Foreign & Commonwealth Affairs said in a letter to the Home Secretary dated 30 January 1997 that "common sense and common humanity demand that we give these people full British citizenship. The limbo in which they will find themselves in July arises directly from the agreements which Britain made with China". He further stated that a claim that British National (Overseas) status amounts to British nationality "is pure sophistry". Download high resolution version (1131x1600, 299 KB)Press Release of the British Trade Commission, Hong Kong announcing passage of the law to allow Solely British Ethnic Minorities in Hong Kong to acquire British citizenship File links The following pages link to this file: British nationality law ... Download high resolution version (1131x1600, 299 KB)Press Release of the British Trade Commission, Hong Kong announcing passage of the law to allow Solely British Ethnic Minorities in Hong Kong to acquire British citizenship File links The following pages link to this file: British nationality law ... Kinship and descent is one of the major concepts of cultural anthropology. ... This article needs copyediting (checking for proper English spelling, grammar, usage, etc. ... A stateless person is someone with no state or nationality, usually because the state that gave their previous nationality has ceased to exist and there is no successor state. ... The right of abode refers to an individuals freedom from immigration control in a particular country. ... Nationality Law of the Peoples Republic of China This law is applicable to the acquisition, loss and restoration of nationality of the Peoples Republic of China. ... The Right Honourable (abbreviated The Rt Hon. ... Jack Straw The Right Honourable John Whitaker Jack Straw (born August 3, 1946) is a British Labour Party politician. ... A Member of Parliament, or MP, is a representative elected by the voters of an electoral district to a parliament; in the Westminster system, specifically to the lower house. ... The Secretary of State for Foreign and Commonwealth Affairs is a member of the British Government responsible for relations with foreign countries. ... January 30 is the 30th day of the year in the Gregorian Calendar. ... 1997 is a common year starting on Wednesday of the Gregorian calendar. ... Sophism was originally a term for the techniques taught by a highly respected group of philosophy and rhetoric teachers in ancient Greece. ...

The ethnic minorities petitioned to be granted full British citizenship. In response to expressions of concern in both Houses of Parliament, representations by the Hong Kong Legislative Council, the Governor of Hong Kong, the Foreign Secretary, the House of Common's Select Committee on Foreign Affairs, two former governors of Hong Kong and a former Minister with responsibility for Hong Kong, the Prime Minister discussed the issue with the Home Secretary during the week of 27 January to 31 January 1997. The Home Secretary appeared to be in a minority in the Cabinet in strongly resisting the grant of British citizenship to the group, and the Prime Minister suggested that the Cabinet might need to resolve the issue. The Home Secretary agreed to consider the matter over the weekend. On 4 February 1997, the Home Secretary announced in Parliament that provision would be made to grant full British citizenship (with the right of abode in the UK) to the solely British ethnic minorities of Hong Kong. It was acknowledged that their nationality status would be uncertain after 30 June 1997. The subsequently enacted British Nationality (Hong Kong) Act 1997 gives them an entitlement to acquire full British citizenship by making an application to register for that status after 1 July 1997. The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative institution in the United Kingdom and British overseas territories (it alone has parliamentary sovereignty). ... Legislative Council Building The Legislative Council of Hong Kong (立法會, abbreviated LegCo) is the legislature of the Hong Kong Special Administrative Region of the Peoples Republic of China. ... January 27 is the 27th day of the year in the Gregorian Calendar. ... January 31 is the 31st day of the year in the Gregorian Calendar. ... 1997 is a common year starting on Wednesday of the Gregorian calendar. ... A prime minister may be either: the chief or leading member of the cabinet of the top-level government in a country having a parliamentary system of government; or the official, in countries with a semi-presidential system of government, appointed to manage the civil service and execute the directives... February 4 is the 35th day of the year in the Gregorian Calendar. ... 1997 is a common year starting on Wednesday of the Gregorian calendar. ... June 30 is the 181st day of the year (182nd in leap years) in the Gregorian Calendar, with 184 days remaining, and the last day of June. ... 1997 is a common year starting on Wednesday of the Gregorian calendar. ... July 1 is the 182nd day of the year (183rd in leap years) in the Gregorian Calendar, with 183 days remaining. ... 1997 is a common year starting on Wednesday of the Gregorian calendar. ...

Recent changes to India's Citizenship Act 1955 (see Indian nationality law) provide that Indian citizenship by descent can no longer be acquired automatically at the time of birth. This amendment will also allow some children of Indian origin born in Hong Kong after 7 January 2004 who have a British National (Overseas) or British Overseas citizen parent to automatically acquire British Overseas citizenship at birth (see www.britishcitizen.info) under the provisions for reducing statelessness in article 6(2) or 6(3) of the Hong Kong (British Nationality) Order 1986. If they have acquired no other nationality after birth, they will be entitled to register for full British citizenship with right of abode in the UK. Indian citizenship/nationality law: The Constitution of India provides for a single citizenship for the entire country. ... January 7 is the 7th day of the year in the Gregorian calendar. ... 2004(MMIV) is a leap year starting on Thursday of the Gregorian calendar. ...

Contents

Hong Kong Act 1985

British Nationality (Hong Kong) Act 1990

Hong Kong (War Wives and Widows) Act 1996

British Nationality (Hong Kong) Act 1997

See also

External links

Contents

Hong Kong Act 1985 GA_googleFillSlot("encyclopedia_square");

British Nationality (Hong Kong) Act 1990

Hong Kong (War Wives and Widows) Act 1996

British Nationality (Hong Kong) Act 1997

See also

External links

Hong Kong Act 1985