CONFIDENTIAL
Nevertheless
DSR 11C
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second Hong Kong Bill.
Unfortunately the overriding
consideration is to secure the enactment before
30 June 1985 of those parts of the Bill without which the
UK could not ratify the Joint Declaration, i.e. clauses
dealing with sovereignty and privileges and immunities
which will give effect to the undertakings given to the
Chinese in the Joint Declaration. If therefore the
provisions on nationality or modification of laws ran into
undue parliamentary difficulties they could both in the
last resort be dropped from the Bill.
Nationality
The object of the nationality provisions in the Bill
will be to take advantage of China's tacit acceptance of the
UK Memorandum (page 28 of paper A). They should relate to
all persons who on 30 June 1997 are, by virtue of a
>
connection with Hong Kong British Dependent Territories
citizens under the British Nationality Act 1981. The Bill
should deprive them of that status with effect from
1 July 1997, and prevent any person from acquiring it
thereafter by virtue of a connection with Hong Kong.
8.
A new category of British nationality will in due
course have to be created. Persons who on 30 June 1997 were
BDTC's by virtue of a connection with Hong Kong will be
eligible to acquire this new status, but will not be
obliged to do so. The means by which they will be able to
express their choice has yet to be decided. Decisions on
this and other modalities cannot be taken before 30 June 1985.
CONFIDENTIAL
/The