British Citizenship

Lord Avebury
asked Her Majesty's Government:

Under what circumstances a person would have failed to become a British overseas citizen on 1 July 1997 if he (a) ceased to be a British Dependent Territories citizen immediately after 30 June 1997 by operation of the Hong Kong (British Nationality) Order 1986; (b) did not register, for whatever reason, as a British National (Overseas); and (c) did not hold any other form of nationality or citizenship immediately after 30 June 1997. [HL2105]

The Minister of State, Home Office (Baroness Scotland of Asthal)
Section 6 of the Hong Kong (British Nationality) Order 1986 provides for the automatic acquisition of British overseas citizenship for those who might otherwise be stateless through the loss of British Dependent Territories citizenship for those who held that status through qualifying connection with Hong Kong. Her Majesty's Government would not envisage that anyone would have failed to become a British overseas citizen if they did not hold some other form of nationality.

Lord Avebury
asked Her Majesty's Government:

Why the Home Office Nationality Policy Directorate's nationality instructions state that a person of Nepali ethnic origin, who is British by birth in Hong Kong and who held British National (Overseas) status, loses citizenship of Nepal automatically when he reaches the age of 21, whereas a person who held British Dependent Territories citizenship retains citizenship of Nepal on reaching that age; what is the basis in Nepalese law for this differentiation between British National (Overseas) status and British Dependent Territories citizenship; and whether they will place any relevant information in the Library of the House. [HL2289]

Baroness Scotland of Asthal
There are currently no formal instructions issued to nationality caseworkers about the provisions of Nepalese nationality law. We are waiting for clarification on this from the Nepalese authorities. Once this is received, it will be placed in the House Library.