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4. Hong Kong, while recognising the Chinese claim to sovereignty in 1997,
nevertheless wished to provide for a continuation of British nationality after
that date, and to be permitted to transmit that nationality to their children.
The Chinese for their part were adamant that it would not be appropriate for
anyone to become British after 1997 by virtue of a connection with Hong Kong, and
this had to be conceded. In addition, Chinese nationality law, unlike ours, does
not permit dual nationality. Since the Chinese regard all their Hong Kong
compatriots as Chinese nationals, then under Chinese nationality law they could
not also remain British nationals. A compromise was however agreed whereby the
Chinese Government would permit former Hong Kong BDTCs to continue to travel after
1997 on travel documents issued by the British authorities, while turning a blind
eye to the fact that the documents would be passports, and that the holders would
therefore possess a form of British nationality. But in keeping with their view
that all vestiges of the colonial past should disappear on 1 July 1997, they insisted
that the passports had to be acquired before 1 July 1997. The Agreement is unique
in making the holding of a passport essential for retaining the status of British
National (Overseas).
An Order in Council made under the Hong Kong Act 1985 is necessary to implement
this agreement.
5.
6.
Understandably, the details of the Order are of great concern in Hong Kong,
and the nationality provisions were the subject of the bulk of the debates in
Parliament on the Agreement and on the Hong Kong Bill. To meet this concern,
it
was agreed that a draft of a draft Order (described as "an order with green edges")
should be submitted to Parliament for full debate. The Government would then consider
whether or not the points made during the debates called for any changes to be
made in the draft, in so far as these were consistent with the Hong Kong Act.
The re-draft would then be presented for approval in the normal way.
7. The Government stated during the course of the debate on the Bill that it was
the intention to make the Order within a year of the Passage of the Bill (that
is by April 1986). In order to meet this deadline, and to give time to consider
any changes to the draft, it would be desirable for the first debate on the draft
to take place around mid December. Hong Kong have asked for as much time as
possible to consider the draft, and preferably at least 8 weeks. To meet this
request, we are proposing that the White Paper and the draft Order should be
published by mid October. Hong Kong intend to publish it at the same time.
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