Sir,
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ん
No Lowell
DRAFT SPEECH BY HON J J SWAINE, OBE, QC, JP
LEGISLATIVE COUNCIL 4.12.1985
P-(610)
Han Oude
The White Paper on the Draft Hong Kong
(British Nationality) Order 198ECEIVED IN REGISTRY
P
2 JAN 1986
DESK OFFICER
INDEX
PA
REGISTRY
Action Taken
On 17 October 1985, the White Paper on the Draft Hong Kong (British Nationality) Order 1986 was published concurrently in the United Kingdom and Hong Kong to enable public debate to take place before the draft becomes law by enactment in the UK.
The Order in Council will be passed under the enabling provisions of the Hong Kong Act 1985, which was in turn passed to give effect to the UK position under the Joint Declaration on the future of Hong Kong. So the draft Order deals with mechanics not principle.
Under the UK Memorandum attached to the Joint Declaration, all Hong Kong BDTCs will lose that' status as from 1 July 1997 when British sovereignty over Hong Kong comes to an end, but they will be entitled to retain an appropriate status which, without conferring the right of abode in the UK, will entitle them to continue to use British passports.
That new status will be created by the Order in Council, which provides in paragraph 4 that on and after 1 July 1987 there shall be a new form of British nationality, the holders of which shall be known as British Nationals (Overseas). All Hong Kong BDTCs shall be entitled as from 1 July 1987 and before 1 July 1997 to be registered as a British National (Overseas) and to hold such a passport.
It will be an odd status. As from 1 July 1997, the British National (Overseas) passport will be a travel document without a home of its own. It does not carry the right of abode
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