ME 2AEK

BACKGROUND

CONFIDENTIAL

1

11. Nationality

is a particularly

sensitive issue in

Hong Kong. Many people there believe that the BNA 1981

was specifically passed to give them a second class citizenship and prevent them emigrating to the UK as 1997

approaches.

There will therefore be considerable

suspicion of the Nationality Order in Council.

12.

Mr Renton is

familiar with the Order which was

published in a White Paper in Hong Kong and the UK on 17

October. It is

is designed to give legislative effect to

the terms of the UK Memorandum on nationality associated

with the Joint Declaration. It provides that BDTCs by

virtue of

connection with Hong Kong will lose that

status on 1 July 1997, but will be able to acquire BN (O)

status and retain it for the rest of their lives. The

Chinese position is that BDTCs of Chinese origin in Hong

Kong are Chinese citizens. They were however prepared,

even though they do not recognise dual nationality, for

those who were BDTCs in 1997 to retain

retain a form of British

Nationality, so long

long as it was not called BDTC, for the

rest of their lives.

13. The Order has been published two months before the proposed date for Parliamentary debate in order to allow

the people of Hong Kong time to express their views.

LEGCO are likely to debate it. It will then be debated

"with green edges" by Parliament, withdrawn and if necessary amended, before being formally laid

laid next year

and debated in the normal way under affirmative

resoluti on procedures. The parliamentary timetable has

not yet been agreed with the whips, but we expect the

first debate to take place in mid-December.

14. We continue to be criticised by the Indian community

in Hong Kong, who claim that they will be made stateless

by the

In fact we have

provided for the

agreement.

children and grandchildren of former

BDTCs born after

口袋

CONFIDENTIAL

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