APPENDIX XII
UMELCO Position Paper on The Hong Kong Bill (1985)
Introduction
Since the signing of the Joint Declaration, confidence in Hong Kong has considerably recovered (for example, the rise of the stock market index, revived interest in land sales and the increasing strength of the Hong Kong Dollar). It is therefore important that the Hong Kong Bill be handled with extreme care, if the gradual return to prosperity is not to be hampered.
One issue of particular concern to Hong Kong is nationality. The Prime Minister has said that HMG will do its
best to liaise with third countries over acceptance of the proposed new passport for Hong Kong BDTCs. The acceptance of the proposed new passport is a matter of great importance to Hong Kong. Any adverse effect may affect confidence and hence prosperity and stability.
I.
The Bill
(4) We support the Hong Kong Bill and accept that it is the appropriate procedure to implement the Joint Declaration and Exchange of Memoranda and a prerequisite to ratification of the Joint Declaration.
(B) We further accept that the question of nationality should also be addressed in the same Bill as it is contained in the Exchange of Memoranda, thus reaffirming HMG's commitment to British nationals in Hong Kong.
(C) We consider clause 2(1)(b) of the schedule to the Bill to be vague and could be construed as giving the Government a "blank cheque" in specifying the new form of British nationality. It is therefore essential that the nomenclature of the new form of British nationality for HK BDTCs be included in this clause.
(D) The amendment tabled by Mr Enoch Powell is disturbing in that, in effect, it is an attempt to defeat HMG's proposal to confer upon BDTCs of Hong Kong an appropriate status. A
defeat, although unlikely, would certainly be an obstacle to implementation of the Joint Declaration. Is it possible that Mr Powell is trying to force HMG to renege on her obligations under the UK Memorandum altogether? This move should be viewed with the utmost suspicion and stoutly opposed. In any event, the issue of Hong Kong BDTCs' new status should not be jeopardised by other questions of British citizenship which might emerge as a result of amendments to the British Nationality Act. HMG is firmly committed under the UK Memorandum to give HK BDTCs a new status. Most definitely, it is not a domestic issue, as it does not involve immigration into the UK.
II. The Nomenclature
(4) The people of Hong Kong are naturally concerned about the nomenclature of their new British Nationality, both on the treatment that will be given to holders by immigration authorities of third countries and the psychological impact on Hong Kong BDTCs.
(B) Obviously, the new status as well as the new British passport must confer comparable rights and entitlements as are at present enjoyed. In the coming debate in the House of Commons on the Hong Kong Bill, it is essential that the intended
nomenclature of the new British status should be disclosed, thus allowing the people of Hong Kong a reasonable time (say one month) and opportunity to consider and express their views on this vital issue. HMG must take full account of the reactions of the people of Hong Kong. Should HMG be unable to disclose the nomenclature during the coming debate on 21st January, or should there be serious reservations by the people of Hong Kong on the nomenclature, it is important that the Committee Stage, now scheduled for 28th January
1985, be postponed until an
acceptable nomenclature is found. The nomenclature must not be included in the Bill unless Hong Kong's reaction is favourable.
III. Minority Issue
Of deep concern to non-ethnic Chinese Hong Kong BDTCs is the sad reality that their children born after 30th June 1997, will become stateless. The enabling provision in the Hong Kong Bill for the avoidance of statelessness is reassuring and HMG should in the coming debate spell out in no uncertain terms the status conferred.
IV. The New Passport
It has been widely reported in the press that HMG may issue the new passports to HK BDTCs before 1st July 1997, and may be as early as the late 1980's. While such a move has some merits, it also has pitfalls. We feel it is essential that all possible implications should be carefully considered and UMELCO be given ample opportunities to comment on the changes in the new passport as well as on the date and arrangement for its introduction.
V. Undertaking of HMG to the People of Hong Kong
During the debate on the Second Reading of the Bill, HMG's intention to honour her promise must be substantiated by positive action. This may be accomplished by:—
(A) rejecting Mr Enoch Powell's amendment;
(B) postponing both the Committee Stage and Third Reading until an appropriate nomenclature of the new British status is found and proved acceptable to the people of Hong Kong;
(C) subject to the nomenclature of the new British status being acceptable to the people of Hong Kong, there must be an undertaking in the House of Commons that an
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