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MAJESTY'S GOVERNMENT HAVE PUBLICLY WELCOMED THE CHINESE DECISION
TO CONSULT THE PEOPLE OF HONG KONG ON A WIDE BASIS ON THE
DRAFTING OF THE BASIC LAW, AND WILL FOLLOW THE DRAFTING PROCESS
CLOSELY.
(E) NATIONALITY AND PASSPORTS
10.
PARAGRAPH 2 OF THE SCHEDULE TO THE HONG KONG ACT 1985
PROVIDES FOR A NATIONALITY ORDER IN COUNCIL TO BE MADE TO GIVE
EFFECT TO THE TERMS OF THE UNITED KINGDOM MEMORANDUM ASSOCIATED
WITH THE JOINT DECLARATION. A WHITE PAPER CONTAINING A DRAFT OF
THIS ORDER IN COUNCIL WAS PUBLISHED ON 17 OCTOBER 1985 IN LONDON
AND HONG KONG (CMND. 9637). THE DRAFT ORDER PROVIDES FOR
PERSONS WHO ARE BRITISH DEPENDENT TERRITORIES CITZENS BY VIRTUE
OF A CONNECTION WITH HONG KONG TO LOSE THAT STATUS ON 1 JULY 1997
BUT TO BE ENTITLED TO APPLY BEFORE THAT DATE FOR A NEW STATUS, TO
BE KNOWN AS THAT OF BRITISH NATIONAL (OVERSEAS), TOGETHER WITH A ·
BRITISH PASSPORT RECORDING THAT STATUS. THE DRAFT ORDER ALSO
MAKES PROVISIONS TO GUARD AGAINST STATELESSNESS. IT PROVIDES FOR
ANY BRITISH DEPENDENT TERRITORIES CITIZENS WHO LOSE THAT STATUS
AND HAVE NOT ACQUIRED BRITISH NATIONAL (OVERSEAS) STATUS ON 1
JULY 1997 AUTOMATICALLY TO BECOME BRITISH OVERSEAS CITIZENS IF
THEY WOULD OTHERWISE BE STATELESS. THE CHILDREN OF FORMER HONG
KONG BDTCS BORN ON OR AFTER THAT DATE WILL ALSO BE BRITISH
OVERSEAS CITIZENS AUTOMATICALLY AT BIRTH IF OTHERWISE STATELESS.
THE GRANDCHILDREN OF FORMER HONG KONG BDTCS WILL BE ENTITLED TO
BE REGISTERED AS BRITISH OVERSEAS CITIZENS IF BORN STATELESS.
THE DRAFT ORDER WILL BE DEBATED IN PARLIAMENT ONCE THE PEOPLE OF
HONG KONG AND OTHER INTERESTED PARTIES HAVE HAD AN OPPORTUNITY TO
COMMENT ON IT. HER MAJESTY'S GOVERNMENT WILL TAKE CAREFUL NOTE
OF POINTS RAISED IN THESE DEBATES AND WILL CONSIDER IF THESE CALL
FOR ANY CHANGES TO BE MADE IN THE TERMS OF THE DRAFT ORDER BEFORE
IT IS RE-PRESENTED FOR APPROVAL UNDER AFFIRMATIVE RESOLUTION
PROCEDURE.
ENDS.
TEXT CONTINUES IN MIFT
HOWE
*
HKD
MR WILSON
COPIES TO:
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CONFIDENTIAL
H.K.G.O. LONDON
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