HONG KONG BILL
CONFIDENTIAL
MEMORANDUM FOR LEGISLATION COMMITTEE
STATUS OF THE BILL
1.
early as possible
announced in the
The Hong Kong Bill is due to be introduced as
in January.
The introduction of the Bill was not
Queen's Speech because the test of the acceptability in Hong Kong of
the draft agreement on the territory's future was not then complete.
However it was approved by the Queen's Speech and Legislation
Committee (QL) and the Hong Kong Sub-Committee of the Oversea and
Defence Policy Committee (OD (K)) on 9 November 1984, in response to
the Foreign and Commonwealth Secretary's minute to the Prime
Minister of 5 November. The Bill follows the outline set out in the
paper attached to that minute.
SUMMARY OF THE MAIN PROVISIONS OF THE BILL
2. The Bill provides for the termination of sovereignty over the
ceded parts of Hong Kong and the termination of jurisdiction over
the whole of Hong Kong from 1 July 1997. This section of the Bill
will enter into force on the exchange of instruments of
ratification.
3. The schedule to the Bill:
(a) enables Orders in Council to be made to implement the Joint
Declaration and the associated Exchange of Memoranda on nationality.
Those persons who on 30 June 1997 are British Dependent Territories citizens (BDTCs) by virtue only of a connection with Hong Kong will
lose that status on 1 July 1997, and will be eligible to retain a new form of British nationality. There is also a power to make
provision for the avoidance of statelessness: this will in particular apply to non-Chinese BDTCs and their children. Orders
under this section will be subject to affirmative resolution
procedures.
(b) enables Orders in Council to be made to modify UK enactments in
preparation for or consequent upon termination of UK sovereignty and
jurisdiction on 1 July 1997. This will allow the technical
modifications which are usually made in independence Acts.
Orders will be subject to negative resolution procedures.
These
CONFIDENTIAL