HONG KONG
DRAFT ORDER IN COUNCIL
ARGUMENTS FOR AMENDMENT
2.
IDENTIFICATION OF PERSONS AFFECTED
1.
This relates to the definitions set out in Article 2, and
the informatory list at Annex 2 of the White Paper.
2. It may be argued that Article 2 should identify precisely
the people affected by reference to the list at Annex 2 of the
White Paper. Alternatively it may be argued that such identif-
ication should be in terms of the Hong Kong Immigration Ordinance,
which identifies BDTCs by virtue of a connection with Hong Kong
as "Hong Kong Belongers".
Line to take
ANNEX 2 TO THE WHITE PAPER
3.
Article 3 as drafted is comprehensive and comparatively
straightforward that people may not understand all the references
to legislation in Annex 2 since they may not know under precisely
what provision of the British Nationality Acts they have acquired
their British Dependent Territories citizenship. But they will
probably know whether they were, for example, descended from a
person registered in Hong Kong or not.
4.
Annex 2, however, is intended to help people who wanted to
go into it a bit more deeply and identify their own particular
circumstances. We hope it is all-embracing, but of course it may
not be so.
HONG KONG IMMIGRATION ORDINANCE
5.
As to reference to the Hong Kong Immigration Ordinance,
it is considered bad practice to relate UK law directly to the
laws of a Dependent Territory, which may be changed without
reference to the UK Parliament. Furthermore, the Immigration
Ordinance will not stand beyond 30 June 1997, whereas this Order
is intended to remain in effect indefinitely. It would not be