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发表于 3-1-2014 17:34:52|来自:
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本帖最后由 ybadvice 于 3-1-2014 19:38 编辑
关于英治香港的少数民族持有BNO身份者,他们如果无法获得中国国籍,那英国政府允许他们注册英国公民身份:
British Nationality (Hong Kong) Act, 1997: British citizenship for British Nationals (Overseas) without Chinese ancestry
Another special group of solely Hong Kong British nationals were the non-Chinese ethnic minorities of Hong Kong. They are primarily people of Nepal, Indian and Pakistani descent. After the handover to the People's Republic of China, they would not be accepted as inherently being citizens of the People's Republic. They would be left effectively stateless — they would have British nationality and permanent residency and right of abode in Hong Kong, but no right of abode in the UK, nor a right to claim PRC nationality, and therefore would not be able to apply for passports from any country.
The ethnic minorities petitioned to be granted full British citizenship,[4] and were backed by several politicians[5] and media[6] The subsequently enacted British Nationality (Hong Kong) Act, 1997 [7] gives them an entitlement to acquire full British citizenship by making an application to register for that status after 1 July 1997.
有些英治香港的少数民族人士没有在1997年之前注册称为BNO, 那些人,如果1997年之后无法获得中国国籍,也没有其他国籍的话,自动成为British Overseas Citizen (BOC):
British Overseas Citizen status for those who are 'otherwise stateless'
Any Hong Kong BDTCs who failed to register as a BN(O) by 1 July 1997 and would thereby be rendered stateless (generally because they were a non-ethnic Chinese and therefore could not automatically acquire PRC citizenship), automatically became a British Overseas Citizen under the Hong Kong (British Nationality) Order, 1986.[1]
同样,如果孩子是在1997回归以后出生(也就是在中国香港,而不是英治香港出生),但是如果孩子没有其他任何国籍,而孩子的父母一方是 BNO或者BOC, 孩子自动成为British Overseas Citizen(尽管BNO和BOC身份本身是不可以从父母传递到子女的):
If you were a British overseas territories citizen only because you had a connection with Hong Kong, you lost that citizenship automatically on 30 June 1997, when sovereignty returned to China. But if you:
- had no other nationality, and would have become stateless, you became a British Overseas citizen on 1 July 1997; or
- were born on or after 1 July 1997, and would otherwise have been born stateless, you were a British Overseas citizen if, when you were born, one of your parents was a British National (Overseas) or a British Overseas citizen.
而这些所有的BOC,如果不持有其国籍,都可以注册成正式的英国公民:
Holding no other nationality
The Nationality, Immigration and Asylum Act 2002 granted British Overseas Citizens, British Subjects and British Protected Persons the right to register as British citizens if they have no other citizenship or nationality and have not after 4 July 2002 renounced, voluntarily relinquished or lost through action or inaction any citizenship or nationality. Previously such persons would have not had the right of abode in any country, and would have thus been de facto stateless...
所以,从这些英国国籍的立法 (Act) 中看出,一个重要的主题就是:国家会尽力避免自己的子民没有国籍。
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