HONG KONG

DRAFT ORDER IN COUNCIL

ARGUMENTS FOR AMENDMENT

7.

COMMONWEALTH CITIZENSHIP

This relates to Article 7(3). It may be argued that BN(0)s

should not be Commonwealth citizens, since Hong Kong will not then

be part of the Commonwealth.

1.

Line to take

2.

Clearly there is no intention to suggest that Hong Kong will

remain part of the Commonwealth after June 1997. The Government

have undertaken that BN (0) status will carry with it broadly the

same rights as go with British Dependent Territories citizenship

apart from registration. BDTCs, in common with other British

nationals, are Commonwealth citizens, with the domestic rights

which that citizenship carries with it (eg the right to vote, to

join the Civil Service, to be a MP etc. if the appropriate

residence and other qualifications are met). BN(0)s will also be

British nationals. It would not be right to deprive them of

these domestic rights in 1997.

Scope for amendment

3.

With

If necessary, BN(0)s would be excluded from Commonwealth

citizenship. But this would have the effect of causing them to

be treated for most purposes as if they were his valtion -with

the British nationals. Not only would this cause dissatifaction in Hong Kong, but it would also make the job of moving auglichity

of BN(0) status and the BN (0) passports by other countries that

much more difficult, since it would be apparent that BN(0)s were

being treated by the UK differently from other British nationals.

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