DD 170100Z HONG KONG
GRS 2780
CONFIDENTIAL
CONFIDENTIAL
2550
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Ник
Huk 040/4
2 1 AUG 1985
DESKBY 170100Z
FM FCO 160825Z AUGUST 85
TO IMMEDIATE HONG KONG
TELEGRAM NUMBER 1164 OF 16 AUGUST
INFO IMMEDIATE PEKING
INISTRY
Acuca Taken
A
MY 4 IPTS: HONG KONG AGREEMENT: NATIONALITY ORDER IN COUNCIL
(334-7
1. FOLLOWING IS DRAFT TEXT OF EXPLANATORY WHITE PAPER.
BEGINS
THE NATIONALITY PROVISIONS OF THE HONG KONG ACT 1985
A DRAFT ORDER IN COUNCIL
INTRODUCTION
THE HONG KONG ACT 1985 (C.15) RECEIVED ROYAL ASSENT ON 4
APRIL 1985. IT MADE PROVISION FOR THE ENDING OF BRITISH
SOVEREIGNTY AND JURISDICTION OVER HONG KONG ON 1 JULY 1997, IN
ACCORDANCE WITH THE TERMS OF THE AGREEMENT REACHED BETWEEN HER
MAJESTY'S GOVERNMENT AND THE GOVERNMENT OF THE PEOPLE'S REPUBLIC
OF CHINA (HEREAFTER 'THE CHINESE GOVERNMENT'). PARAGRAPH 2 OF
THE SCHEDULE TO THE ACT CONFERRED THE POWER TO GIVE EFFECT UNDER
AN ORDER IN COUNCIL TO THE UNDERSTANDING AS TO NATIONALITY
MATTERS REACHED BETWEEN THE TWO GOVERNMENTS. THE PURPOSE OF THIS
WHITE PAPER IS TO PRESENT THE TEXT OF A DRAFT ORDER IN COUNCIL,
WHICH IS AT ANNEX 1.
2. DURING THE PASSAGE OF THE HONG KONG BILL THE GOVERNMENT GAVE
TWO UNDERTAKINGS CONCERNING THE PARLIAMENTARY HANDLING OF THE
PROPOSED ORDER. THE FIRST WAS THAT IT WOULD BE MADE WITHIN A
YEAR OF THE PASSAGE OF THE BILL, SUBJECT ONLY TO PARLIAMENT'S OWN
AGREEMENT (OFFICIAL REPORT: VOLUME 71, NUMBER 43, COLUMN 735: VOLUME 460, NUMBER 46, COLUMN 484). THE SECOND WAS THAT IN VIEW
OF THE CONSTITUTIONAL SIGNIFICANCE OF THE ORDER IT SHOULD BE
SUBJECT TO MORE EXTENDED PARLIAMENTARY SCRUTINY THAN THE
AFFIRMATIVE RESOLUTION PROCEDURE ALLOWS (OFFICIAL REPORT: VOLUME
72, NUMBER 56, COLUMN 1069: VOLUME 460, NUMBER 46, COLUMN 503).
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