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Government’s latest amendment allows de-facto stateless BN(O)s to register as BC

20 March 2009 No Comment

BritishHongKong welcomes such amendment from HM government in reducing statelessness within the category of BN(O). Such act is indeed to fulfil the promises from HM government made, in 1997, to those BN(O)s  of HK ethnic minorities that they would not be stateless.

However, BritishHongKong thinks that it is of equal importance that HM government also needs to reconsider the matter of reducing the elements of racial discrimination in the current nationality law, which is entirely incompatible with Protocol 4 to the ECHR, by denying some categories of British nationality right to enter to the UK.   

Before Clause 43

 

  LORD WEST OF SPITHEAD

 

 Insert the following new Clause—

   “Minors

(1)   Section 3 of the British Nationality Act 1981 (c. 61) (acquisition by registration: minors) is amended as follows.

(2)   In subsection (2), for “within the period of twelve months from the date of the birth” substitute “while he is a minor”.

(3)   Omit subsection (4).”

 Insert the following new Clause—

   “British Nationals (Overseas) without other citizenship

(1)   Section 4B of the British Nationality Act 1981 (c. 61) (acquisition by registration: certain persons without other citizenship) is amended as follows.

(2)   In subsection (1)—

(a)   omit “or” immediately before paragraph (c), and

(b)   after that paragraph insert “, or

(d)   British National (Overseas)”.

(3)   In subsection (2)(c), for “4th July 2002″ substitute “the relevant day”.

(4)   After subsection (2), insert—

“(3)   For the purposes of subsection (2)(c), the “relevant day” means—

(a)   in the case of a person to whom this section applies by virtue of subsection (1)(d) only, 19th March 2009, and

(b)   in any other case, 4th July 2002.”"

http://www.publications.parliament.uk/pa/ld200809/ldbills/029/amend/am029-d.htm

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