HONG KONG DRAFT ORDER IN COUNCIL
ARGUMENTS FOR AMENDMENT
1.
CONNECTIONS WITH HONG KONG AND LOSS OF
BRITISH DEPENDENT TERRITORIES CITIZENSHIP
1.
This relates to Articles 2 and 3 of the Order, which should
be read together. Article 2 defines what constitutes a connection
with Hong Kong for the purpose of the Order; Article 3 provides
for loss of BDTC by those who have that status by virtue of an
Article 2 connection.
2.
Scope of Article 2 and 3
It may be argued that Articles 2 and 3 are too widely drawn, and
Thing
that should apply only to those people who derive their BDT
citizenship solely from a connection with Hong Kong.
3. If this argument is proposed, comparison may be made with
the arrangements for the loss and retention of citizenship of the
United Kingdom and Colonies as each dependency became an
independent Commonwealth country. Generally speaking, those
connected with the newly independent country did not lose CUKC
status if they, their fathers or paternal grandfathers were born,
registered or naturalised in the UK or a remaining dependency.
Line to Take
4.
There is no comparison with the Hong Kong situation. It
would be wrong and contrary to the UK Memorandum associated with
the Joint Declaration and the Hong Kong Act to allow those whose
claim to citizenship is partly based on their connection with Hong
Kong to retain that citizenship after the connection is broken
in 1997.
5.
The UK Memorandum refers to "all persons who
are
by virtue of a connection with Hong Kong, British Dependent
Territories citizens". Paragraph 2(1) of the Schedule to the
Hong Kong Act states inter alia,
a)
British Dependent Territories citizenship
cannot be retained or acquired on or after the