CONNDENTAL

HONG KONG

NATIONALITY WHITE PAPER : DEBATE ON THE ADJOURNMENT

OPENING SPEECH

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Nuhonty

M. 87,

43

1. The White Paper which is before the House today sets out the Government's proposals for implementing the nationality provisions of the Hong Kong Act 1985. With the White Paper is the draft of an Order in Council which would enact these provisions and which, subject to what is said in this debate, we would hope to lay formally before the House before Easter.

2. The Government believes that the nationality provisions in the White Paper are fair and comprehensive. They are intended to establish clearly the future citizenship of British Dependent Territories citizens in Hong Kong once Hong Kong ceases to be a dependent territory on 1 July 1997. We are introducing them in very good time to prevent uncertainty and to ensure that people in Hong Kong are able to take the necessary action in a planned and orderly way. Once the Order is made there will be much detailed work still to do. But

the foundation will have been laid and we believe it will provide a stable basis on which the people of Hong Kong can plan their future with confidence.

3. These nationality provisions arise directly out of the Sino-British Joint Declaration on Hong Kong and its associated exchange of memoranda on nationality. Hon members will recall that the House debated and approved the Government's intention to sign the agreement just over a year ago, after the people of Hong Kong had been given an opportunity to express their views, and the overwhelming majority had found it acceptable. Following that debate, my rt hon Friend the Prime Minister went to Peking to sign the agreement.

4. As a consequence the Hong Kong Act was passed and received Royal Assent in April this year. Among other matters that Act provided for the ending of British sovereignty and jurisdiction over Hong Kong. Paragraph 2 of the Schedule to the Act provided for the ending on 1 July 1997 of British Dependent Territories citizenship for those having such citizenship through a connection with Hong Kong. The Act provided that those who were such citizens on that date could acquire as of right a new form of nationality, known as British National (Overseas) status. The Schedule also provided that an Order in Council might make provisions for the transfer from British Dependent Territories citizenship to the new status; for the necessary arrangements for making applications for the new status; and for the avoidance of statelessness.

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